SUPPLEMENTAL EARNINGS BENEFITS

Supplemental earnings benefits are payable if a work-related injury results in an employee’s physical inability to earn at least 90 percent of the wages he or she earned at the time of the injury. Unlike most other monetary benefits available under the WCL, supplemental earnings benefits are payable on a monthly basis. The monthly amount is 66 and two-thirds percent of the difference between the employee’s average monthly wage at time of the injury and his or her average monthly wage after the injury. For purposes of determining this amount:

• The average monthly wage at the time of the injury is calculated by multiplying the AWW by 52 and dividing the result by 12; and 
• The post-injury average monthly wage is either:
• The monthly amount the employee actually earned from any employment; or  
• The monthly amount the employee would have earned from any employment that he or she was physically able to perform and that was either:
• Offered to the employee; or
• Available to the employee in the community or reasonable geographic region of either the employee’s residence or the place of employment where he or she was injured.

The resulting benefit rate may not exceed 4.3 times the applicable weekly maximum limit described above.  

An employee may receive supplemental earnings benefits for a maximum of 520 weeks, but eligibility will terminate sooner if: 

• Two years have passed since the date the employee became ineligible for TTD benefits and, during those two years, there was no period of at least 13 consecutive weeks during which he or she was entitled to supplemental earnings benefits; or
• The employee has received supplemental earnings benefits for at least 104 weeks and is retired. 

MORE INFORMATION

Contact Defy Insurance or visit the OWCA website for more information on workers’ compensation laws in Louisiana.

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