Senate Bill No. 358, introduced by Senator Abraham, aims to provide Occupational Accident Insurance for independent contractors in Louisiana. The bill amends existing definitions and provisions related to workers' compensation, specifically focusing on independent contractors. It defines "independent contractor occupational accident coverage" as private insurance that offers benefits to independent contractors who suffer injuries, disabilities, or fatalities due to work-related accidents. The bill stipulates that independent contractors can obtain this coverage, which must be approved by the commissioner of insurance, and outlines the minimum benefits required, including medical benefits of at least $1 million per occurrence, temporary disability benefits, and accidental death and dismemberment benefits.

Additionally, the bill establishes conditions under which a principal will not be considered a statutory employer of a contractor or their employees. These conditions include the contractor maintaining a valid employer identification number, executing a written independent contractor agreement, having active occupational accident coverage, and retaining control over the work methods. If these conditions are met, a rebuttable presumption of independent contractor status is created. The bill also allows contractors in the construction industry and related fields to elect coverage under this new framework, thereby enhancing protections for independent contractors while clarifying the liability of principals in these arrangements.

Statutes affected:
SB358 Original: 23:1021(7), 23:1061(B)