How many employees must a Louisiana employer have on their payroll to be covered under the workers compensation law?
There is no numerical threshold in our workers’ compensation law. An employer with only one employee is covered by the law and is required to provide workers’ compensation insurance to protect that employee. However, a sole proprietor can waive their own coverage so that their wages will not be included in the computation of the premiums. One of my insureds (not in the construction business) is building his new home. Instead of having a contractor he has hired the various subcontractors such as the carpenters, plumber and electrician. Will he be considered an “employer” or “statutory employer” should any of the workers become injured on the job? So far the case law has held that this individual is not the employer or “statutory employer” of any employee of the subcontractors. However, bad facts could very well create bad law (eg. a very serious injury or death and no insurance to cover the claim). Normally a homeowner will not be considered the employer of anyone who does work on the h
