Overview of Workers Compensation Laws in Louisiana

Getting hurt at work can be devastating and life-changing. Louisiana has a workers’ compensation system in place to help, but navigating it isn’t always easy.

At Crescent City Personal Injury, we’ve helped workers across New Orleans and throughout Louisiana get the support they need after a job-related injury. Attorney John Radziewicz and our team know how to cut through the red tape, deal with employers and insurance companies, and protect your rights from day one.

Here’s what you should know if you’ve been injured on the job in Louisiana.

What Is Workers’ Compensation and Why Does It Matter?

Workers’ compensation is a state-required insurance system that provides benefits to employees who are injured or become ill due to work-related activities. In Louisiana, most employers are required to carry this insurance under La. R.S. § 23:1168.

What makes workers’ comp unique is that it’s a no-fault system. You don’t have to prove your employer did something wrong. If your injury or illness is job-related, you should be eligible for benefits.

These benefits may include:

Medical coverage such as doctor visits, hospital stays, prescriptions, surgeries, and rehabilitation
Lost wage compensation that pays two-thirds of your average weekly wage while you recover
Disability benefits if your injury results in long-term or permanent impairment
Vocational rehabilitation to help you train for a new job if you can’t return to your previous one
Death benefits that provide financial support to your family if your injury leads to a fatality

While the system is designed to protect workers, getting the benefits you’re entitled to isn’t always straightforward. Employers may question the nature of your injury. Insurance companies may delay, minimize, or deny your claim entirely. That’s where an experienced attorney can step in.

What to Do After a Workplace Injury

If you’ve been hurt on the job, what you do next is important. Taking the right steps early can protect your rights and strengthen your claim.

Step 1: Report the injury immediately

Under La. R.S. § 23:1301, you must notify your employer within 30 days of the injury or the date you became aware of a work-related illness.

Step 2: Seek medical attention

Your employer may recommend a doctor, but you have the right to choose your own physician according to La. R.S. § 23:1121(B). Prioritize your health and get care right away.

Step 3: Document everything

Keep track of everything including:

Medical visits
Treatment plans
Prescriptions
Missed workdays
Any communications with your employer or their insurer

Strong documentation can support your case if issues arise.

Step 4: File your claim

Your employer is responsible for filing a First Report of Injury with their insurance company. If they fail to do so, you can contact the Louisiana Workforce Commission directly to get your claim on record.

Step 5: Talk to a personal injury lawyer if needed

If insurers delay, deny, or make lowball offers, a legal advocate in your corner levels the playing field and helps you get the benefits you deserve.

Taking these steps early is one of the best ways to protect your rights. But even if you act quickly, there are legal time limits you need to be aware of.

How Long Do You Have to File a Claim?

Even though you must report the injury within 30 days, you generally have one year from the date of the accident to file a formal claim for benefits. This time limit is defined under La. R.S. § 23:1209.

In some cases, the clock starts on the date you last received workers’ comp benefits or the date you became aware that your injury was work-related. It’s best to act early rather than risk missing your window.

What Types of Injuries Are Covered?

Louisiana workers’ compensation provides benefits for a wide range of injuries and conditions, as long as they relate to your job.

These may include:

Accidents and physical injuries such as falls, sprains, burns, or broken bone
Repetitive motion injuries like carpal tunnel syndrome, chronic back pain, or tendonitis
Occupational illnesses from long-term exposure to chemicals or other hazards
Mental health conditions including PTSD or anxiety, if directly linked to a traumatic workplace event

Who Qualifies for Workers’ Comp in Louisiana?

Most employees are covered, but there are a few exceptions. You may not be eligible for benefits if you are:

An independent contractor, unless you are legally misclassified
A real estate agent working entirely on commission
A domestic employee working in a private home
Certain agricultural workers, depending on the size and structure of the business

If you’re not sure about your eligibility, we can help you sort it out. Many workers are surprised to learn they’ve been misclassified.

What If Your Employer Doesn’t Have Workers’ Comp?

In Louisiana, it’s the law for most businesses to carry workers’ compensation insurance. If your employer is uninsured, they may face:

Fines and penalties, often calculated per day of noncompliance (La. R.S. § 23:1170)
Civil lawsuits from injured workers for damages not limited by workers’ comp laws
Cease-and-desist orders that can shut down business operations until compliance is met

You may still have options even if your employer failed to follow the law.

When Should You Call a Lawyer?

You don’t need a lawyer for every workers’ comp case. But if you’re running into delays, denials, or pushback from your employer or their insurance company, it’s time to get help.

It may be time to contact our legal team at Crescent City Personal Injury if:

Your claim was denied or delayed
You’re not receiving enough to cover your medical costs or lost income
Your employer refuses to file your claim
You’re being forced back to work too soon
You were injured while working for someone who claims you’re not an employee

Our legal team can review your case, explain your rights, and fight for the compensation you deserve.

Talk to Crescent City Personal Injury Today

At Crescent City Personal Injury, our legal team knows the ins and outs of Louisiana workers’ compensation law. Having a lawyer in your corner gives you the power to push back and secure the benefits you deserve. Having a lawyer in your corner gives you the power to push back and secure the benefits you deserve.

Injured on the job? Hurt bad? Call John Rad.

FAQs

How long do I have to report a workplace injury in Louisiana?

La. R.S. § 23:1301 requires you to notify your employer within 30 days after you are hurt or discover a work-related illness. Missing this deadline could cost you your benefits, so it’s important to act quickly. If you’re unsure about how or when to report your injury, a workers’ compensation lawyer can help you do it right.

What types of injuries are covered by workers’ comp in Louisiana?

Workers’ comp covers everything from sudden injuries like falls and burns to repetitive motion conditions, occupational diseases, and even PTSD or anxiety if linked to your job. If your employer is questioning whether your injury qualifies, it may be time to speak with a lawyer who can advocate for your claim.

Am I eligible for workers’ compensation if I’m an independent contractor?

Many employers misclassify independent contractors, leaving them without coverage. If you’re unsure whether the law should consider you an employee, an attorney can review your situation and help you claim the benefits you deserve.

What happens if my employer doesn’t carry workers’ comp insurance?

The law requires employers to carry workers’ compensation coverage. If they don’t, they can face serious penalties under La. R.S. § 23:1170, and you may be able to file a lawsuit for damages beyond what workers’ comp usually provides. A lawyer can help you explore your legal options and hold your employer accountable.

Do I need a lawyer to file a workers’ compensation claim?

You don’t always need a lawyer to file, but if the insurer denies, delays, or underpays your claim—or pressures you to return to work too soon—a workers’ comp attorney can step in. They deal directly with the insurer and fight to secure the full benefits you deserve.

What is the deadline to file a workers’ comp claim in Louisiana?

In most cases, you have one year from the date of your injury to file a formal claim, under La. R.S. § 23:1209. If you’re close to the deadline or unsure where you stand, it’s best to talk to a lawyer right away to protect your rights.