Legal Question in Workers Comp in Louisiana

Domestic Employee's

Are domestics in private homes able to collect Work Comp benefits under the Louisiana Work Comp Act? Is there any relevance to the fact that the domestic employee receives a pay check from a corporation?


Asked on 2/19/99, 12:34 am

1 Answer from Attorneys

Perry Staub Taggart Morton

Re: Domestic Employee's

La. R.S. 9:1035B provides: "There is exempt from coverage under this Chapter all labor, work, or services performed by any employee of a private residential householder in connection with the private residential premises....[A] private residential householder ... shall have no liability under the provisions of this Chapter either as an employer or as a principal."

So, the short answer to your question is that an individual homeowner has no liability for worker's compensation benefits to a domestic employee under any circumstances. If the domestic employee works for a corporation that is engaged in the business of furnishing domestic services to homeowners, the employee may recover worker's compensation benefits from the corporation. If, on the other hand, you mean simply that the residential homeowner paid the domestic employee by means of a corporate check, then an issue would arise as to whether the domestic was employed by the corporation (covered employment) or by the residential homeowner (not covered). I hope that this answers your question.

Perry Staub

Taggart Morton

2100 Energy Centre


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Answered on 2/22/99, 9:57 pm


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