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La. Rev. Stat. § 23:1044 (2026)

A person rendering service for another in any trades, businesses or occupations covered by this Chapter is presumed to be an employee under this Chapter.

✓ current as of May 2026
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§1044.  Presumption of employee status

A person rendering service for another in any trades, businesses or occupations covered by this Chapter is presumed to be an employee under this Chapter.

Every executive officer elected or appointed and empowered in accordance with the charter and by-laws of a corporation, other than a charitable, religious, educational or other non-profit corporation or an official of the state or other political subdivision thereof or of any incorporated public board or commission, shall be an employee of such corporation under this Chapter.

Amended by Acts 1958, No. 306, §1.

Notes of Decisions
Cited in 98 cases (4 in the last 5 years), 1952–2024 · leading case: Jorge-Chavelas v. La. Farm Bureau Cas. Ins. Co., 307 F. Supp. 3d 535 (M.D. La. 2018).
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Jorge-Chavelas v. La. Farm Bureau Cas. Ins. Co., 307 F. Supp. 3d 535 (M.D. La. 2018). · cites it 10× “71 Issues Although Plaintiffs were indisputably payroll employees of Lowry Farms, Farm Bureau nonetheless claims their insured is immune from tort suit under Louisiana's worker's compensation laws urging several alternative theories: first, that Plaintiffs were the presumed…”
Harrington v. Hebert, 789 So. 2d 649 (La. Ct. App. 2001). · cites it 4× “R.S. 23:1044. 2. The trial court erred in failing to assign the burden of proof to Mr.”
Steinfelds v. Villarubia, 53 So. 3d 1275 (La. Ct. App. 2010). · cites it 3× “R.S. 23:1044 provides that “[a] person rendering service for another in any trades, businesses or occupations covered by this Chapter is presumed to be an employee under this Chapter,” thereby creating a statutory presumption of employment status.”
Jorge-Chavelas v. La. Farm Bureau Cas. Ins. Co., 917 F.3d 847 (5th Cir. 2019). “" La. Rev. Stat. Ann. § 23:1044. Farm Bureau does not dispute the general view of Louisiana courts that this presumption is overcome when the worker lacks an express or implied employment agreement with the business.”
Shelvin v. Waste Mgmt., Inc., 580 So. 2d 1022 (La. Ct. App. 1991). · cites it 3× “R.S. 23:1044 provides in part: A person rendering service for another in any trades, businesses or occupations covered by this Chapter is presumed to be an employee under this Chapter.”
Hillman v. Comm-Care, Inc., 805 So. 2d 1157 (La. 2002). “R.S. 23:1044. An alleged employer can rebut this presumption by either (i) establishing that the services were not "pursuant to any trade, business, or occupation (e.”
Slocum v. Lamartiniere, 369 So. 2d 201 (La. Ct. App. 1979). · cites it 2× “LSA-R.S. 23:1044. [1] Slocum could be regarded as an employee under these circumstances.”
Fuller v. US Aircraft Ins. Grp., 530 So. 2d 1282 (La. Ct. App. 1988). · cites it 2× “LSA-R.S. 23:1021(6). The statute further provides: A person rendering service for another in any trades, businesses or occupations covered by this Chapter is presumed to be an employee under this Chapter.”
Stovall v. Shell Oil Co., 577 So. 2d 732 (La. Ct. App. 1991). · cites it 2× “Juxtaposed to the Act's definition of independent contractor is the provision in LSA-R.S. 23:1044 which provides that a person who renders service for another is presumed to be an employee within the worker's compensation statute.”
Hudson v. Progressive SEC. Ins. Co., 950 So. 2d 817 (La. Ct. App. 2006). · cites it 3× “R.S. 23:1044 are relevant to a consideration of the status of Mr.”
Pitcher v. Hydro-Kem Servs., Inc., 551 So. 2d 736 (La. Ct. App. 1989). “R.S. 23:1044, the trial court correctly struck the balance in favor of employee status.”
Legros v. Norcen Expl., Inc., 583 So. 2d 859 (La. Ct. App. 1991). “R.S. 23:1044. That presumption is rebuttable upon establishment of the status of a worker as an independent contractor.”
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