Louisiana Administrative Code
Title 37 - INSURANCE Part
Part I - Insurance and Related Matter
Subpart 1 - Insurance and Related Matters
Chapter 7 - Reporting of Claims
Section I-707 - Reporting of Worker's Compensation and Maritime Claims
Current through Register Vol. 50, No. 9, September 20, 2024
A. All claims must be reported as soon as possible, but no later than the prescription period outlined in Book III, Title 24, Chapter 4 of the Louisiana Civil Code. In most cases, prescription periods are one year. ORM will pay only for covered losses reported before one year from the date of the accident or discovery date. Policy language clearly states: "...you must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim." Failure to report potential claims as soon as possible severely limits the ability of ORM to investigate the facts and may compromise the state's legal rights to subrogation from a responsible third party.
B. The state of Louisiana provides insurance coverage for worker's compensation and maritime claims.
C. All accidents or occupational diseases
involving state employees while in the course and scope of their employment
with the state are to be reported to the Office of Risk Management within five
days from the date of injury or knowledge. The forms used for this purpose are
the Employer's Report of Occupational Injury or Disease Form (E-1, completed at
the time of the accident), and the Pre-Existing Condition Form (E-2, which was
completed when hired). The Office of Risk Management will accept electronic
filing of the Employer's Report of Occupational Injury or Disease Form. Access
D. Employer's Report of Occupational Injury or Disease Forms can be obtained from the Office of Risk Management's web address cited in the above paragraph. The Pre-Existing Condition Form can be obtained from the Office of Risk Management, Claims Section, P.O. Box 91106, Baton Rouge, LA 70821-9106.
E. A copy of the Employer's Report of Occupational Injury or Disease Form and a copy of the Pre-Existing Condition Form for a claim in which lost time exceeds seven days, is to be submitted to the Office of Worker's Compensation Administration, P.O. Box 94040, Baton Rouge, LA 70804-9040 within 10 days of actual knowledge of injury or death.
F. All Employer's Report of Occupational Injury or Disease Forms and Pre-existing Condition Forms are to be accurately and completely filled out.
G. Information required to be submitted when a worker's compensation claim is reported on the Employer's Report of Occupational Injury or Disease Form includes:
H. Information which is to be contained on the Preexisting Condition Form includes:
I. If an injured employee returns to work after having lost time, the Office of Risk Management, Worker's Compensation Claims Unit, is to be notified immediately by telephone or electronic mail, and an Employer's Supplemental Report of Injury is to be submitted confirming the return to work date. Also, an Employer's Supplemental Report of Injury Form is to be submitted to the Office of Risk Management at any time the injured employee's work status changes.
J. All lawsuits, demands, notices, summons, or other legal documents pertaining to claims are to be forwarded immediately to the Office of Risk Management's Claim Office for further handling.
K. Any objects and/or products which may have caused, contributed to, or which are suspected of causing any accident are to be retained and preserved as evidence.
L. Any claim paid by legislative appropriation is to be reported to the Office of Risk Management by Appropriations Control.
AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1527, et seq.