Partner at AKD Lawyers
Practice Areas: Personal Injury
If you’ve been injured at work, you may feel overwhelmed, confused, or unsure of what to do next. Your health is a priority, but so is your right to receive fair treatment and benefits. In Louisiana, the law provides explicit protections for workers who get hurt on the job. But many people don’t fully understand those rights until it’s too late.
This guide will walk you through the key steps to protect your legal rights after a work-related injury in Louisiana. We’ll explain what to do immediately, how the workers’ compensation system works, and what you can expect if issues arise. Whether you’re just trying to understand the basics or are already dealing with a denied claim, this article is here to help.
What to Do Immediately After a Workplace Injury
When an injury happens at work, the steps you take right after the incident are essential. These early actions can affect your health, your benefits, and even your ability to make a claim later on.
Seek Medical Attention as Soon as Possible
Your first step should always be to take care of your health. If you’re seriously injured, don’t wait — go to the emergency room right away. For less severe injuries, you still need to see a doctor as soon as you can.
In Louisiana, workers have the right to choose their doctor for treatment. However, some employers may encourage you to visit a preferred medical provider. You don’t have to agree if you’re not comfortable. Once you receive treatment, make sure to get an “off work slip” if the doctor believes you shouldn’t return to your job yet.
In Louisiana, employees must report any workplace injury to their employer within 30 days to preserve their right to workers’ compensation benefits.
Report the Injury to Your Employer
It’s your Employer’s responsibility to file a workers’ compensation claim, but they can’t do that if they don’t know you’ve been injured. Tell your supervisor or HR manager as soon as possible. If your injury wasn’t apparent right away — such as a back strain or repetitive stress — notify them as soon as you realize there’s a problem.
By law, you have 30 days to report your injury in Louisiana. That report doesn’t need to be formal, but it’s a good idea to document it in writing (email, text, or a note) and keep a copy for your records.
Document Everything
Make notes about what happened. Write down the time, date, where you were, what you were doing, and how the injury occurred. If anyone witnessed the incident, note their names, too.
Keep copies of all medical reports, prescriptions, and communications with your employer or insurance company. These records are your best protection in case your Employer or the insurance company disputes your claim later.
How Louisiana Workers’ Compensation Works
Workers’ compensation is a system that helps injured workers get medical care and financial support while they recover. In Louisiana, most employees are covered under this system from the first day they start working.
Who Is Covered?
In general, all full-time, part-time, and seasonal workers are covered. Some independent contractors and gig workers may not be eligible, but this can vary based on the job and how the work is structured. If you’re unsure whether you’re covered, it’s best to speak with a workers’ comp attorney.
Employers are required to file a First Report of Injury (Form LWC-WC IA-1) within 10 days of being notified about a workplace injury.
What Benefits Are Available?
The type of benefits you may receive depends on the severity of your injury and how it affects your ability to work. Here’s a helpful breakdown:
Types of Workers’ Compensation Benefits in Louisiana
| Benefit Type | Description |
| Medical Expenses | Covers all necessary medical treatments related to the workplace injury. |
| Temporary Total Disability (TTD) | Provides wage replacement when the employee is completely unable to work temporarily. |
| Permanent Total Disability (PTD) | Offers benefits when the employee is permanently unable to return to any employment. |
| Supplemental Earnings Benefits (SEB) | Available when the employee can return to work but earns less than 90% of pre-injury wages. |
| Vocational Rehabilitation | Assists in retraining or education if the employee cannot return to previous employment. |
| Death Benefits | Provides compensation to dependents if the injury results in death. |
To access these benefits, your Employer should file a First Report of Injury form within 10 days of your report. Make sure to ask for a copy.
Workers’ compensation benefits may include medical expenses, wage replacement, vocational rehabilitation, and death benefits for eligible dependents.
Your Legal Rights and Protections
Knowing your rights can make a big difference in how smoothly your case moves forward — and whether you receive all the benefits you deserve.
You Have the Right to Legal Help
Many injured workers choose to consult a lawyer because the system can be confusing and difficult to navigate, especially if the insurance company challenges the claim. A lawyer can help ensure paperwork is filed correctly, gather medical evidence, and represent you if a dispute arises.
Retaliation against employees for filing a workers’ compensation claim is prohibited under Louisiana law.
Your Employer Cannot Retaliate Against You.
Louisiana law prohibits employers from firing or discriminating against an employee who files a workers’ compensation claim. If you believe you were demoted, fired, or mistreated because of your injury report, this may be considered retaliation — and legal action may be appropriate.
You Can Appeal a Denied Claim
Sometimes, legitimate claims are denied by insurance companies. If that happens, you can file a formal appeal with the Louisiana Office of Workers’ Compensation Administration (OWCA). This process may involve mediation, hearings, and additional documentation. An experienced attorney can guide you through each step.
Common Problems and How to Solve Them
Even when you follow every step, issues can still come up. Here’s how to handle some of the most common problems injured workers face:
Your Benefits Are Delayed or Denied
If your payments stop suddenly or your claim is denied, don’t panic — but don’t wait, either. Contact your Employer and the insurance company to find out why. In many cases, it’s a paperwork issue. If the problem isn’t resolved quickly, consider speaking to a lawyer.
You Disagree with the Medical Evaluation
If the insurance company says your injury isn’t severe — or that you can return to work when you can’t — you can request an Independent Medical Examination (IME). This is done by a neutral doctor who will provide a second opinion.
You Were Misclassified
Some employers label workers as “independent contractors” to avoid paying workers’ comp. However, under Louisiana law, it’s not the title that matters — it’s the relationship. If your Employer controls your schedule, supplies, or how you work, you may still be legally considered an employee and entitled to benefits.
FAQs
What should I do immediately after a workplace injury in Louisiana?
You should see a doctor, report the injury to your Employer within 30 days, and keep a record of everything — including your medical visits and any communication with your Employer.
Can I choose my doctor for treatment?
Yes. In Louisiana, you have the right to choose your doctor for treatment related to a work injury. You don’t need to rely only on your Employer’s preferred medical provider.
What benefits am I entitled to under workers’ compensation?
You may qualify for coverage of medical expenses, temporary or permanent disability benefits, vocational Rehabilitation, and death benefits if the injury results in death.
What if my workers’ compensation claim is denied?
If your claim is denied, you can appeal the decision through the Office of Workers’ Compensation Administration. A lawyer can help prepare your case and represent you.
Is my Employer allowed to fire me for filing a workers’ compensation claim?
No. Louisiana law protects workers from retaliation. Your Employer cannot legally fire or discriminate against you for reporting a workplace injury or filing a claim.
How long do I have to file a workers’ compensation claim?
You must report your injury to your Employer within 30 days. In most cases, you have up to one year from the injury date or the last benefit payment to formally file a claim.
Conclusion
Getting injured at work is stressful, but you don’t have to go through the process alone or uninformed. Louisiana law provides strong protections for workers — from the right to medical care and wage benefits to legal safeguards against retaliation.
The steps you take after a workplace injury can make all the difference. Report your injury on time, seek medical treatment, keep good records, and understand your rights. If something feels off — whether your claim is delayed, denied, or you’re unsure what to do — don’t hesitate to ask for help.
At AKD Law, our experienced team has helped countless workers across Louisiana get the benefits they deserve after a workplace accident. If you have questions about your rights or need guidance through the workers’ compensation process, we’re here to support you every step of the way.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
