A Louisiana workers comp exemption lets certain business owners legally go without workers’ compensation coverage on themselves — typically sole proprietors, partners, LLC members and corporate officers — while the law still requires coverage for employees once a business has 1 or more.
This guide explains who qualifies for the Louisiana workers comp exemption, the exact form, where to file it, what it costs, and what an exempt owner gives up. Verified against Louisiana sources as of October 2026.
Louisiana at a Glance
| Coverage required at | 1 employee(s) |
| Exemption form | NONE. Louisiana has no state exemption certificate or state exclusion form. The election is a written agreement with the employer’s workers’ comp insurer or group self-insurance fund, usually the insurer’s own officer/owner exclusion form or policy endorsement. |
| Filed with | With the employer’s workers’ compensation insurer or group self-insurance fund, not with the state. Nothing is filed with the Louisiana Workforce Commission / Office of Workers’ Compensation Administration (OWCA), and there is no state portal. |
| Filing fee | $0 (no state fee, because nothing is filed with the state; insurer practices vary, so confirm with your carrier) |
| Penalty for being uninsured | Civil penalty under R.S. 23:1170: up to 250 per employee for a first offense, capped at 10000 total for a related series of first-offense violations, and up to 500 per employee for a second or later offense. Under R.S. 23:1171.1, a workers’ comp judge can issue a cease-and-desist order shutting down the business until it gets coverage and pays all fines. Criminal penalty under R.S. 23:1172 for willful failure: a fine of up to 250 per day without coverage, up to 1 year in jail with or without hard labor, or both. Two prior penalties within 3 years is prima facie evidence of willfulness. Under R.S. 23:1172.1, falsely claiming coverage in writing can bring 1 to 10 years in jail, a fine of up to 250 per day, or both. |
In This Louisiana Guide:
Who Qualifies for A Louisiana Workers Comp Exemption
Louisiana limits the election to owners with a real stake in the business; the table below lists the classes and any ownership-percentage or officer-count limit.
La. R.S. 23:1035: a bona fide president, vice president, secretary or treasurer who owns at least 10 percent of the corporation’s stock may, by written agreement with the insurer or group self-insurance fund, choose not to be covered. The choice also binds the officer’s surviving spouse, relatives, personal representative, heirs and dependents. An electing officer’s salary is not used to calculate the premium.
Officers who do not elect out are covered as employees.
La. R.S. 23:1035: a partner, as to the partnership that employs them, and an LLC member who owns at least a 10 percent membership interest may choose not to be covered by written agreement with the insurer or group self-insurance fund. The choice binds their heirs and dependents, and their pay is excluded from premium calculation.
How to File the Louisiana Workers Comp Exemption
The form is NONE. Louisiana has no state exemption certificate or state exclusion form. The election is a written agreement with the employer’s workers’ comp insurer or group self-insurance fund, usually the insurer’s own officer/owner exclusion form or policy endorsement.. It is filed with With the employer’s workers’ compensation insurer or group self-insurance fund, not with the state.
Nothing is filed with the Louisiana Workforce Commission / Office of Workers’ Compensation Administration (OWCA), and there is no state portal.. The fee is $0 (no state fee, because nothing is filed with the state; insurer practices vary, so confirm with your carrier). Filing on the state’s own site costs nothing beyond any statutory fee — the “exemption filing services” that advertise on this search charge for the same form.
Louisiana Workers Comp Exemption Rules at a Glance
The exact Louisiana workers comp exemption rules every owner should check before deciding to go without coverage:
| Employee threshold | 1 |
| Corporate officers | La. R.S. 23:1035: a bona fide president, vice president, secretary or treasurer who owns at least 10 percent of the corporation’s stock may, by written agreement with the insurer or group self-insurance fund, choose not to be covered. The choice also binds the officer’s surviving spouse, relatives, personal representative, heirs and dependents. An electing officer’s salary is not used to calculate the premium. Officers who do not elect out are covered as employees. |
| LLC members and partners | La. R.S. 23:1035: a partner, as to the partnership that employs them, and an LLC member who owns at least a 10 percent membership interest may choose not to be covered by written agreement with the insurer or group self-insurance fund. The choice binds their heirs and dependents, and their pay is excluded from premium calculation. |
| Workers exempt by law | (1) Employees of a private residential householder, or of a private unincorporated farm doing cultivation, harvest or livestock work, when the worker’s annual net earnings are 1000 or less, total net earnings of all employees of the farm do not exceed 2500, and the work is not incidental to a trade or business (R.S. 23:1035(B)). (2) Certain musicians and performers working under a performance contract. (3) Workers covered by the Federal Employers’ Liability Act (FELA), the Longshore and Harbor Workers’ Compensation Act or its extensions, or the Jones Act. (4) Employers acting as interstate or foreign railroad common carriers. (5) Crews of airplanes doing crop dusting or spraying. (6) Unpaid officers and unpaid board members of certain nonprofits. (7) Licensed real estate brokers and salespersons (R.S. 23:1047). (8) Landmen working in mineral exploration, development, production or transportation (R.S. 23:1048). Independent contractors are generally not covered employees, but Louisiana’s contractor rules are fact-specific, so confirm with the OWCA and a licensed attorney. |
| Form | NONE. Louisiana has no state exemption certificate or state exclusion form. The election is a written agreement with the employer’s workers’ comp insurer or group self-insurance fund, usually the insurer’s own officer/owner exclusion form or policy endorsement. |
| Where to file | With the employer’s workers’ compensation insurer or group self-insurance fund, not with the state. Nothing is filed with the Louisiana Workforce Commission / Office of Workers’ Compensation Administration (OWCA), and there is no state portal. |
| Fee | $0 (no state fee, because nothing is filed with the state; insurer practices vary, so confirm with your carrier) |
| Proof of exemption or coverage | A Certificate of Insurance from the employer’s carrier, which can show any officer or owner exclusion. Louisiana issues no state exemption certificate. Anyone can check coverage with the LWC online Workers’ Compensation Coverage Verification system (https://www.ewccv.com/cvs/, linked from laworks.net) or call OWCA Records Management at 1-800-201-3457. |
What A Louisiana Workers Comp Exemption Gives Up
An owner who elects out gets no Louisiana workers’ comp wage or medical benefits if injured on the job. The election also binds their surviving spouse, relatives, personal representative, heirs and dependents, so no death benefits are payable under the Act. The owner’s own employees must still be covered.
One honest paragraph on the “ghost policy”: a minimum-premium policy with no employees sold to owners who need a certificate of insurance. It is legal in many states, but it is not a Louisiana workers comp exemption — it is coverage with nobody on it. If you add a worker, it must be reported, or the audit will find them.
Workers Exempt by Law in Louisiana
(1) Employees of a private residential householder, or of a private unincorporated farm doing cultivation, harvest or livestock work, when the worker’s annual net earnings are 1000 or less, total net earnings of all employees of the farm do not exceed 2500, and the work is not incidental to a trade or business (R.S. 23:1035(B)). (2) Certain musicians and performers working under a performance contract.
(3) Workers covered by the Federal Employers’ Liability Act (FELA), the Longshore and Harbor Workers’ Compensation Act or its extensions, or the Jones Act. (4) Employers acting as interstate or foreign railroad common carriers. (5) Crews of airplanes doing crop dusting or spraying. (6) Unpaid officers and unpaid board members of certain nonprofits. (7) Licensed real estate brokers and salespersons (R.S. 23:1047).
(8) Landmen working in mineral exploration, development, production or transportation (R.S. 23:1048). Independent contractors are generally not covered employees, but Louisiana’s contractor rules are fact-specific, so confirm with the OWCA and a licensed attorney.
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Proving A Louisiana Workers Comp Exemption or Coverage
A Certificate of Insurance from the employer’s carrier, which can show any officer or owner exclusion. Louisiana issues no state exemption certificate. Anyone can check coverage with the LWC online Workers’ Compensation Coverage Verification system (https://www.ewccv.com/cvs/, linked from laworks.net) or call OWCA Records Management at 1-800-201-3457.
Why the Louisiana Workers Comp Exemption Matters
The Louisiana workers comp exemption is a trade: lower cost today against no safety net if you are hurt. The second half of the trade is the one the search results never lead with. Louisiana issues no exemption certificates; all owner exclusions are private written elections with the insurer.
The 10 percent ownership minimum applies to corporate officers and LLC members, and only the four named officer titles (president, vice president, secretary, treasurer) qualify. Workers in the exempt classes may sue in tort and recover from any homeowner’s or employer’s policy that covers people injured on the premises (OWCA). To report an uninsured employer, contact the OWCA Fraud & Compliance section at 1-800-201-3362.
Rules can change, so confirm with the OWCA and a licensed Louisiana attorney. If the Louisiana workers comp exemption rules above leave any doubt about whether a worker counts, ask the state agency before you decide — the answer is free, and the penalty for guessing wrong is not.
Employer side: the Louisiana requirements guide covers the threshold, who counts and the penalties in full. Hurt while exempt? You may still have a claim against a third party — a licensed attorney can say.
Frequently Asked Questions
Who can file a workers comp exemption in Louisiana?
Typically owners with a real stake — sole proprietors, partners, LLC members and qualifying corporate officers — not employees. See the table for Louisiana’s rule.
What form is the Louisiana workers comp exemption?
NONE. Louisiana has no state exemption certificate or state exclusion form. The election is a written agreement with the employer’s workers’ comp insurer or group self-insurance fund, usually the insurer’s own officer/owner exclusion form or policy endorsement.. File it on the state’s own site; filing services charge for the same form.
Can an exempt owner in Louisiana still collect benefits if hurt?
No. An exemption removes the owner from coverage, so there is no claim for medical care or lost wages. That is the trade.
Official Louisiana Sources & Resources
- Louisiana Louisiana Workforce Commission, Office of Workers’ Compensation Administration (OWCA): https://www.laworks.net/workerscomp/owc_employermenu.asp
- Louisiana Workers’ Comp Statute: https://legis.la.gov/legis/Law.aspx?d=83337
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Louisiana workers comp exemption guide was last verified against official Louisiana sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.