SLS 20RS-873 ORIGINAL
2020 Regular Session
SENATE BILL NO. 475
BY SENATOR WOMACK
WORKERS' COMPENSATION. Provides relative to workers' compensation claims filed
by essential workers in the workplace. (gov sig)
1 AN ACT
2 To enact R.S. 23:1031.2, relative to workers' compensation; to provide coverage for
3 essential workers of the COVID-19 pandemic; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 23:1031.2 is hereby enacted to read as follows:
6 ยง1031.2. COVID-19
7 A. Every essential worker who is disabled because of the contraction of
8 the disease, COVID-19, or the dependent of an essential worker whose death is
9 caused by COVID-19, shall be entitled to the compensation provided in this
10 Chapter the same as if said essential worker received personal injury by
11 accident arising out of and in the course of his employment.
12 B. All claims for disability arising from COVID-19 are barred unless the
13 essential worker files a claim as provided in this Chapter within one year of the
14 date that:
15 (1) The disease manifested itself.
16 (2) The essential worker is disabled from working as a result of the
17 disease.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 475
SLS 20RS-873 ORIGINAL
1 C. All claims for death arising from COVID-19 are barred unless the
2 dependent or dependents as set out herein file a claim as provided in this
3 Chapter within one year of the date of death of such essential worker or within
4 one year of the date the claimant has reasonable grounds to believe that the
5 death resulted from COVID-19.
6 D. Compensation shall not be payable hereunder to an essential worker
7 or his dependents on account of disability or death arising from COVID-19
8 suffered by an essential worker who, at the time of entering into the
9 employment from which the disease is claimed to have resulted, shall have
10 willfully and falsely represented himself as not having previously suffered from
11 such disease.
12 E. The rights and remedies herein granted to an essential worker or his
13 dependent on account of COVID-19 for which he is entitled to compensation
14 under this Chapter shall be exclusive of all other rights and remedies of such
15 essential worker, his personal representatives, dependents or relatives.
16 F. Notice of the time limitation in which claims may be filed for
17 COVID-19 or death resulting from COVID-19 shall be posted by the employer
18 at some convenient and conspicuous point about the place of business. If the
19 employer fails to post this notice, the time in which a claim may be filed shall be
20 extended for an additional six months.
21 G. "Essential worker", as used in this Section, means persons working
22 in public safety, government, disaster response, health care, or private business
23 as designated and deemed necessary or critical for response to the COVID-19
24 pandemic by their employer or by virtue of their official commission.
25 Section 2. This Act shall become effective upon signature by the governor or, if not
26 signed by the governor, upon expiration of the time for bills to become law without signature
27 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
28 vetoed by the governor and subsequently approved by the legislature, this Act shall become
29 effective on the day following such approval.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 475
SLS 20RS-873 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
SB 475 Original 2020 Regular Session Womack
Proposed law, relative to workers' compensation, provides that every essential worker who
is disabled because of the contraction of the disease, COVID-19, or the dependent of an
essential worker whose death is caused by COVID-19, is entitled to the compensation
provided in present law the same as if the essential worker received personal injury by
accident arising out of and in the course of his employment.
Provides that all claims for disability arising from COVID-19 are barred unless the essential
worker files a claim as provided in present law within one year of the date that:
(1)The disease manifested itself.
(2)The essential worker is disabled from working as a result of the disease.
Provides that all claims for death arising from COVID-19 are barred unless the dependent
or dependents as set out herein file a claim as provided in present law within one year of the
date of death of such essential worker or within one year of the date the claimant has
reasonable grounds to believe that the death resulted from COVID-19.
Provides that the rights and remedies herein granted to an essential worker or his dependent
on account of COVID-19 for which he is entitled to compensation under proposed law is
exclusive of all other rights and remedies of such essential worker, his personal
representatives, dependents or relatives.
Requires that notice of the time limitation in which claims may be filed for COVID-19 or
death resulting from COVID-19 be posted by the employer at some convenient and
conspicuous point about the place of business. Provides that an employer who fails to post
this notice, the time in which a claim may be filed shall be extended for an additional six
months.
Defines "essential worker" as persons working in public safety, government, emergency
response, health care, or private business as designated and deemed necessary or critical for
response to the COVID-19 pandemic by their employer or by virtue of their official
commission.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 23:1031.2)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.