Workplace Injury Cases We Handle
Work injuries can happen in an instant or develop because of conditions a worker encounters over time. They can occur in construction, manufacturing, transportation, warehouses, industrial facilities, offices, healthcare settings, hospitality, and virtually every other industry.
The legal options after an injury depend on more than where someone works. An employee injured because of the actions of a separate contractor may have different rights from someone hurt solely because of a workplace accident involving the employer.
Louisiana workers' compensation is designed to provide certain benefits to eligible employees who suffer an injury by accident arising out of and in the course of employment.
Unlike an ordinary negligence lawsuit, a workers' compensation claim generally does not require an employee to prove that the employer caused the accident through negligence.
Depending on the injury and the worker's ability to return to employment, available benefits can include medical treatment and different forms of disability compensation.
Disputes can arise over whether an injury is work-related, whether treatment should be authorized, whether the employee can return to work, how much the worker earned before the injury, or whether benefits should continue.
How Louisiana Workers' Compensation Works
Louisiana workers' compensation focuses primarily on whether a qualifying injury arose out of and occurred in the course of employment rather than requiring the employee to prove ordinary negligence by the employer.
When a claim is covered, the system can provide medical care and wage-related benefits while the worker recovers or adjusts to lasting limitations.
That does not mean every claim proceeds without dispute.
Questions can arise about the cause of an injury, whether treatment is medically necessary, whether the worker can perform a particular job, the amount of wages used to calculate benefits, or whether an injury resulted in permanent limitations.
What Workers' Compensation Benefits Are Available in Louisiana?
The benefits available depend on the nature of the injury and how it affects the employee's ability to work.
Louisiana law requires the employer to furnish necessary medical care for covered injuries, including hospital care, medical and surgical treatment, drugs, supplies, and other covered treatment.
Depending on the circumstances, that can involve:
Emergency treatment
Physician visits
Surgery
Diagnostic testing
Prescription medication
Physical rehabilitation
Other necessary medical care
Certain travel associated with treatment
As of July 1, 2026, Louisiana's workers' compensation mileage reimbursement rate is 76 cents per mile, according to Louisiana Works.
Medical treatment under the system is also governed by Louisiana's workers' compensation medical treatment schedule.
Can You Choose Your Own Doctor After a Work Injury?
Medical care is one of the most important parts of a workers' compensation claim, and injured employees often want to know whether the employer or insurance company gets to decide who treats them.
Louisiana workers' compensation law gives an employee the right to select one treating physician in any field or specialty without prior approval from the employer. Additional selections or changes within the same field or specialty can require consent under the statute.
This distinction can matter when an injury requires specialized care or when there is disagreement about treatment.
The employer or insurer may also request medical examinations under circumstances allowed by Louisiana law.
Because medical opinions can affect treatment authorization, work restrictions, and disability benefits, the medical record often becomes one of the most important sources of evidence in a disputed workers' compensation claim.
Can You Sue After a Workplace Injury?
Sometimes.
Workers' compensation generally limits an employee's ability to bring an ordinary negligence lawsuit against the employer for a covered injury. Louisiana Revised Statute 23:1032 makes workers' compensation the exclusive remedy against the employer and certain related parties in most covered cases, subject to exceptions such as intentional acts.
But a workplace is rarely isolated from the rest of the world.
Construction sites can have multiple contractors. Industrial facilities may use equipment made and maintained by outside companies. Employees may drive on public roads. Property can be owned or controlled by another business.
If the negligence of an independent third party contributes to the injury, the employee may have a separate personal injury claim against that party.
That is why determining exactly how the accident happened and which companies were involved can be important even when workers' compensation benefits are already being paid.
Workers' Compensation vs. a Third-Party Injury Claim
These claims serve different purposes.
Workers' compensation can provide covered medical treatment and disability benefits without requiring the employee to prove ordinary negligence by the employer.
A third-party personal injury claim generally requires proof that another person or company was legally responsible for causing the injury, but it can potentially include categories of damages that are not part of ordinary workers' compensation benefits.
Depending on the circumstances, a worker may have both.
For example, consider a construction employee injured when equipment owned and maintained by another contractor fails.
The employee may have workers' compensation rights through the employer while also having a potential negligence claim against the company responsible for the equipment.
The existence of one claim should therefore not automatically be treated as proof that no other claim exists.
What If Your Workers' Compensation Claim Is Denied?
A claim can be disputed for many reasons.
An employer or insurer may question:
Whether the accident happened at work
Whether the employee was acting within the course of employment
Whether the medical condition was caused by the workplace accident
Whether requested treatment is necessary
Whether the employee is able to return to work
The amount or type of disability benefits owed
Whether benefits should be modified or terminated
Louisiana law requires notice when compensation or medical benefits are modified, suspended, terminated, or controverted.
A denial does not necessarily mean the employee has no claim. Workers' compensation disputes can be brought through Louisiana's Office of Workers' Compensation Administration.
How Long Do You Have to File a Louisiana Workers' Compensation Claim?
Workers' compensation has its own deadlines and should not be confused with Louisiana's general personal injury prescription rules.
For many accidental injury claims, Louisiana Revised Statute 23:1209 generally requires a formal workers' compensation claim to be filed within one year of the accident if payments have not been agreed upon.
The statute contains additional rules when benefits have already been paid, when an injury develops later, and for claims involving medical benefits or supplemental earnings benefits.
For an injury that does not immediately develop, the statute can extend the period based on when the injury develops, but it also imposes an outside limit in those circumstances.
Because the deadline depends on the benefit being sought, whether payments have already occurred, and how the injury developed, an employee should not rely on the ordinary deadline for a Louisiana personal injury lawsuit.
What to Do After an Injury at Work
The actions taken after a workplace accident can affect medical care, benefits, and the evidence available if the claim becomes disputed.
If possible:
Report the injury promptly. Notify the appropriate supervisor, employer, or workplace contact and make sure the incident is documented.
Get medical attention. Explain accurately how the injury occurred and what symptoms you are experiencing.
Document the accident. Photographs of equipment, the work area, vehicles, or other conditions can preserve information that may later change.
Identify witnesses. Coworkers, contractors, or others at the jobsite may have important information about what happened.
Keep your records. Save medical documentation, work restrictions, pay information, correspondence, benefit notices, and other documents related to the claim.
Follow medical restrictions. Returning to work outside prescribed restrictions can affect both recovery and disputes over the claim.
Identify other companies involved. A contractor, property owner, equipment manufacturer, driver, or other third party may have contributed to the injury.
Do not assume workers' compensation is your only option. The facts may support a separate claim against another responsible party.
Results
All settlements and verdicts were handled in partnership with co-counsel trial attorneys.
Ways We Can Support You
Every trial attorney on our team is trained to fight aggressively for your rights. Here's how our team will help throughout the legal process.
Free Case Review
We'll review your claim and explain the best legal options available.
Claim Investigation
Our team gathers evidence and builds a strong case from the start.
Expert Negotiation
We deal directly with insurers to secure the maximum recovery possible.
Court Representation
If a fair settlement isn't possible, we're ready to fight for you at trial.
No-Win, No-Fee
We guarantee that you don't pay us unless we win your case.
Frequently Asked Questions About Workplace Injuries in Louisiana
Injured at Work in Louisiana?
A workplace injury can involve more than a workers' compensation claim. The cause of the accident, companies involved, worker's employment status, and applicable state or federal law can determine what benefits and claims are available.
Hair Shunnarah represents injured workers throughout Louisiana. We can evaluate what happened, identify the laws that apply, and determine whether the case involves workers' compensation, a third-party claim, FELA, or multiple potential claims.
Free consultation. No attorney fee unless we win your case.