§1163. Premium; contribution by employees prohibited; penalty
A. It shall be unlawful for any employer, or his agent or representative, to collect from any of his employees directly or indirectly either by way of deduction from the employee's wages, salary, compensation, or otherwise, any amount whatever, or to demand, request, or accept any amount from any employee, either for the purpose of paying the premium in whole or in part on any liability or compensation insurance of any kind whatever on behalf of any employee or to reimburse such employer in whole or in part for any premium on any insurance against any liability whatever to any employee or for the purpose of the employer carrying any such insurance for the employer's own account, or to demand or request of any employee to make any payment or contribution for any such purpose to any other person.
B. Nothing herein shall be construed to prevent any employer from carrying his own insurance towards his own employees; nothing herein shall apply to an employer qualified under the laws of this state to engage in the liability insurance business. In addition, nothing herein shall be construed to prevent an independent contractor who is a sole proprietor and who has elected by written agreement not to be covered by the provisions of this Chapter in accordance with R.S. 23:1035 from entering into a contract with his principal pursuant to which the independent contractor is responsible for securing insurance or self-insurance for the benefits provided pursuant to this Chapter or to reduce payments to the independent contractor for coverage of the independent contractor or his employees pursuant to a contract, nor shall it be a violation of this Section if a principal has agreed to provide workers' compensation insurance to all contractors working under a contract with the principal and for the cost of this coverage to be a consideration in the contract between the principal and the contractors.
C. Whoever violates any provision of this Section shall be fined not more than five hundred dollars, or imprisoned with or without hard labor for not more than one year, or both.
D. In addition to the criminal penalties provided for in Subsection C of this Section, any person violating the provisions of this Section shall be assessed civil penalties by the workers' compensation judge of not less than five hundred dollars and not more than five thousand dollars payable to the employee and reasonable attorney fees. Restitution shall be ordered up to the amount collected from the employee's wages, salary or other compensation. The award of penalties, attorney fees, and restitution shall have the same force and effect and may be satisfied as a judgment of a district court.
Acts 1995, No. 368, §1, eff. June 16, 1995; Acts 2001, No. 1014, §1, eff. June 27, 2001; Acts 2004, No. 416, §1, eff. June 24, 2004.
Notes of Decisions
Leon v. Diversified Concrete, LLC, 225 F. Supp. 3d 596 (E.D. La. 2016).
· cites it 27× “) On May 5, 2016, Plaintiff amended his complaint to add violations of Louisiana Revised Statute § 23:1163. (R. Doc. 30.) Plaintiff alleges that Defendants unlawfully deducted workers’ compensation premiums from his and other laborers’ paychecks.”
Bryant v. New Orleans Pub. Serv., Inc., 414 So. 2d 322 (La. 1982).
· cites it 7× “R.S. 23:1163, prohibits an employer from requiring an employee to contribute, directly or indirectly, in any way toward the cost of worker's compensation.”
Basco v. State of La., Dept. of Corr., 335 So. 2d 457 (La. Ct. App. 1976).
· cites it 5× “R.S. 23:1163 by requiring a civil service employee to pay his own workmen's compensation benefits; and (2) Whether statutory penalties provided by La.”
Bellard v. Am. Cent. Ins. Co., 980 So. 2d 654 (La. 2008).
“LSA-R.S. 23:1163. Contrary to the court of appeal's reasoning and conclusion, Bellard has not given consideration for workers' compensation benefits by waiving the right to sue his employer for damages because he has no cause of action against his employer who is without fault.”
Benoit v. Turner Indus. Grp., LLC, 85 So. 3d 629 (La. 2012).
· cites it 3× “R.S. 23:1163”). Responding to pressure from the business community in 1989, the legislature enacted a new section in the workers’ compensation act to permit a medical offset, if the benefits were paid by someone other *632 than a direct payment by the employee, a relative, or…”
Olivier v. City of Eunice, 92 So. 3d 630 (La. Ct. App. 2012).
· cites it 3× “This Section shall not be regarded as a violation of R.S. 23:1163. If the employee or the employee’s spouse actually pays premiums for health insurance, either as direct payments or as itemized deductions from their salaries, then this offset will only apply in the same…”
Pickering v. Hercules Inc., 486 So. 2d 1185 (La. Ct. App. 1986).
· cites it 5× “R.S. 23:1163 by forcing Pickering to pay for his own compensation coverage.”
Stutes v. Rossclaire Constr., Inc., 575 So. 2d 466 (La. Ct. App. 1991).
· cites it 3× “R.S. 23:1163 is controlling. La.R.S. 23:1163 provides: "It shall be unlawful for any employer, or his agent or representative, to collect from any of his employees directly or indirectly either by way of deduction from the employee's wages, salary, compensation, or otherwise,…”
La. Rev. Stat. § 23:1163(A): 7 cases
Leon v. Diversified Concrete, LLC, 225 F. Supp. 3d 596 (E.D. La. 2016).
“) On May 5, 2016, Plaintiff amended his complaint to add violations of Louisiana Revised Statute § 23:1163. (R. Doc. 30.) Plaintiff alleges that Defendants unlawfully deducted workers’ compensation premiums from his and other laborers’ paychecks.”
La. Rev. Stat. § 23:1163(B): 2 cases
La. Rev. Stat. § 23:1163(C): 2 cases
Leon v. Diversified Concrete, LLC, 225 F. Supp. 3d 596 (E.D. La. 2016).
“) On May 5, 2016, Plaintiff amended his complaint to add violations of Louisiana Revised Statute § 23:1163. (R. Doc. 30.) Plaintiff alleges that Defendants unlawfully deducted workers’ compensation premiums from his and other laborers’ paychecks.”
La. Rev. Stat. § 23:1163(D): 1 case
Leon v. Diversified Concrete, LLC, 225 F. Supp. 3d 596 (E.D. La. 2016).
“) On May 5, 2016, Plaintiff amended his complaint to add violations of Louisiana Revised Statute § 23:1163. (R. Doc. 30.) Plaintiff alleges that Defendants unlawfully deducted workers’ compensation premiums from his and other laborers’ paychecks.”
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