Louisiana 2020 2020 Regular Session

Louisiana Senate Bill SB475 Comm Sub / Analysis

                    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)