A contractor's worker is injured and files for workers' compensation. The injury occurred due to the worker's intoxication. Under Louisiana law, what is the likely outcome?
Correct Answer
C) Benefits may be denied due to intoxication defense
Louisiana workers' compensation law allows denial of benefits if injury was caused by employee's intoxication, subject to employer proving intoxication was the proximate cause.
Why This Is the Correct Answer
Louisiana workers' compensation law provides an intoxication defense that allows employers to deny benefits when an employee's injury is caused by their intoxication. The employer must prove that intoxication was the proximate cause of the injury. This is a complete defense, meaning benefits can be entirely denied rather than just reduced. The law recognizes that voluntary intoxication that directly causes workplace injuries should not be compensated through the workers' compensation system.
Why the Other Options Are Wrong
Option A: Benefits are reduced by 50%
Louisiana law does not provide for a 50% reduction in benefits for intoxication-related injuries. The intoxication defense is an all-or-nothing proposition - if proven, benefits are denied entirely, not partially reduced. Percentage reductions are not part of Louisiana's intoxication defense statute.
Option B: Only medical benefits are payable
Louisiana's intoxication defense allows for complete denial of all benefits, not just denial of wage replacement while preserving medical benefits. When intoxication is proven as the proximate cause, both medical and wage benefits can be denied under the state's workers' compensation law.
Option D: Full benefits are still payable
This contradicts Louisiana's intoxication defense provision. Full benefits are not payable when the employer successfully proves that the employee's intoxication was the proximate cause of the injury. The law specifically allows denial of benefits in such cases to prevent compensation for self-inflicted harm through voluntary intoxication.
Memory Technique
Remember 'Louisiana Liquor Law' - when workers are intoxicated and injured, Louisiana allows Complete Cancellation of compensation, not partial payments.
More la-supplement Questions
A contractor in Louisiana completes $85,000 worth of work on a residential project. The owner pays $70,000 but disputes the remaining $15,000. If the contractor files a lien claim, what percentage penalty can be awarded if the contractor prevails in court?
A contractor discovers contaminated soil during excavation that requires special disposal. The disposal cost is $12,000, and transportation is $3,500. If this was not foreseeable from the contract documents, who typically bears this cost under Louisiana law?
A construction worker is injured on a Louisiana job site. The contractor's workers' compensation carrier has 15 days to investigate. If they don't respond within this period, what happens to the claim?
Under Louisiana law, what is the minimum amount of workers' compensation insurance coverage required for construction contractors?
A contractor's employee is injured on a job site in Louisiana. The contractor has workers' compensation insurance. Which statement is correct regarding the employee's rights?
Under Louisiana Civil Code, if a building contract does not specify a completion date, when is the work considered to be due?
Under Louisiana building codes, what is the minimum width required for emergency egress windows in bedrooms?
A Class B contractor in Louisiana wants to bid on a project worth $175,000. What action must they take?
A general contractor discovers contaminated soil during excavation for a commercial project in Louisiana. Which state agency must be notified?
A contractor discovers contaminated soil during excavation in Louisiana. Which state agency must be notified immediately?
People Also Study
Business & Financial Management
120 questions · 70% to pass
Contract Administration
60 questions · 70% to pass
Project Management
60 questions · 70% to pass
Related Study Resources
Previous Question
Under Louisiana Civil Code, what is the prescriptive period for filing a lawsuit for construction defects on a residential building?
Next Question
A contractor violates Louisiana environmental regulations by improper disposal of construction waste. What is the typical range of penalties for first-time violations?