Workers’ Compensation

In Louisiana, if you are injured on the job, you may be entitled to receive workers’ compensation benefits.  In most instances, injured workers are not allowed to sue their employers for damages arising out of an employer’s or co employee’s negligence.  The sole remedy is to file a claim for workers’ compensation benefits.

In return for granting employers immunity from lawsuits by their employees, the law does not require the employee to prove that the employer or one of its co employees was negligent before recovery of workers’ compensation benefits are allowed.  The injured employee must show that the injury was a job related injury.

Workers’ compensation benefits are paid by the employer.  Most employers purchase workers’ compensation insurance to pay claims of injured employees.  However, if your employer denies paying you benefits, an employee may file a Disputed Claim for Compensation with the Office of Workers’ Compensation Administration.

Under Louisiana law, your employer cannot terminate your employment because you filed a workers’ compensation claim.  However, the employer does not have to keep a job open for you or make one available when you are able to return to work.

There is no formula for establishing the settlement value of a workers’ compensation claim.  There is also a possibility of making a lump sum settlement where the employer agrees to pay the present value of the disputed claim all at once in exchange for the worker releasing the employer from paying any future claims.