Louisiana Unpaid Interns May be Eligible for Worker's Compensation
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How to fill out Unpaid Interns May Be Eligible For Worker's Compensation?
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FAQ
Are Independent Contractors Covered? Independent contractors are not usually eligible for workers compensation benefits in Louisiana. This is because the Louisiana workers compensation system exists for the purpose of compensating employees for injuries resulting from their employment.
Business owners and certain officers of a corporation may choose to exempt themselves from a workers' compensation insurance policy only if they own at least 10% of the company. This exemption must be done in writing to the insurance company. I treat all of my employees as independent contractors.
Unpaid Internships Under Louisiana LawLouisiana has no state law or governance regulating unpaid internships.
In Texas, if a company has worker's compensation, interns are generally eligible for the same coverage as full-time employees.
All public and private employers in Louisiana, with limited exceptions, are required to provide workers' compensation insurance coverage for their employees. Any person hired to perform services for remuneration, whether full or part-time, is considered an employee. There are few exemptions (PDF) to this requirement.
Business owners and certain officers of a corporation may choose to exempt themselves from a workers' compensation insurance policy only if they own at least 10% of the company. This exemption must be done in writing to the insurance company. I treat all of my employees as independent contractors.
Unpaid internships are legal if the intern is the primary beneficiary of the arrangement. This is determined by the seven-point Primary Beneficiary Test. If an employer is the primary beneficiary, the intern is considered an employee under the Fair Labor Standards Act and entitled to minimum wage.
Depending on the position, interns may or may not be paid. Unpaid internships are common, especially when the internship counts as academic credit toward graduation.
All public and private employers in Louisiana, with limited exceptions, are required to provide workers' compensation insurance coverage for their employees. Any person hired to perform services for remuneration, whether full or part-time, is considered an employee. There are few exemptions (PDF) to this requirement.
Do you need workers' compensation insurance in Louisiana if you are self-employed? If a business is owned by a sole proprietor or independent contractor who has no employees, the owner does not need to carry workers' compensation. This would also be the case if it's a partnership with co-owners and no employees.
