Louisiana Workers' Compensation: Deadlines, Benefits and How to File

Every employer must secure workers' compensation for its employees, either by buying insurance from an authorized insurer, joining a group self-insurance fund or interlocal risk agency, or being approved to self-insure. Most employees are covered from their first day, including full-time, part-time, seasonal and minor workers. Exemptions include employees of a private household or small private unincorporated farm whose yearly earnings are $1,000 or less (when the farm's total payroll is $2,500 or less) and whose work is not part of a trade or business; musicians and performers working under a performance contract; licensed real estate brokers and salespersons; and certain agricultural aerial-spraying crew members. Certain corporate officers, LLC members and partners owning at least 10%, and sole proprietors may opt out in writing. The OWCA also lists domestic employees, uncompensated officers and directors of certain nonprofits, and public officials as exempt.

The worker (or someone on the worker's behalf) must give the employer notice of the injury within 30 days after the injury or death. Late or missing notice does not bar a claim if the employer or its agent knew of the accident or the employer was not harmed by the delay.

A formal claim (Form LWC-WC 1008, Disputed Claim for Compensation) generally must be filed within one year after the accident or death, unless the parties have agreed on payments. If weekly benefits were paid, the deadline is one year after the last payment (three years after the last payment for supplemental earnings benefits). If the injury develops later, the deadline is one year from when it develops, but no later than three years after the accident. Medical benefit claims must be filed within one year after the accident, or within three years after the last medical payment if the employer paid medical bills. A claim mailed on or before the deadline is timely.

No compensation is paid for the first week after the injury. If the disability lasts two weeks or longer after the accident, the first week is paid after the first two weeks have passed. The first payment of temporary total, permanent total or death benefits is due on the 14th day after the employer or insurer learns of the injury or death.

Temporary total disability is 66 2/3% of the worker's average weekly wage, subject to the state maximum and minimum. TTD is not paid if the worker is doing any work, and otherwise requires clear and convincing proof that the worker cannot do any work. It ends when the condition has stabilized enough to rate the disability and regular treatment is no longer needed. A worker who returns to work but cannot earn at least 90% of the pre-injury wage may receive supplemental earnings benefits of 66 2/3% of the wage difference, for up to 520 weeks.

For workers injured September 1, 2026 through August 31, 2027, the maximum weekly compensation is $903.00 and the minimum is $241.00, based on a state average weekly wage of $1,204.02. By law the maximum is 75% of the state average weekly wage and the minimum for total disability is 20%. The limits in effect on the date of the accident apply for the whole claim and are not adjusted later. Mileage for medical travel is reimbursed at $0.76 per mile (effective July 1, 2026).

The worker has the right to choose one treating physician in each field or specialty. If the employer or insurer refuses the worker's initial choice, the worker can ask a workers' compensation judge for an expedited hearing. After the first choice, the worker needs the employer's or insurer's consent to switch to another doctor in the same specialty, but not to see a doctor in a different specialty. A doctor the worker sees without being sent there by the employer counts as the worker's choice. The employer may also require exams by a doctor it chooses and pays for. Non-emergency care over $750 must be pre-approved, and disputes over medical necessity go to the OWCA Medical Director on Form LWC-WC 1009.

Louisiana pays permanent total disability at 66 2/3% of wages only when the worker proves by clear and convincing evidence that he or she cannot do any work. Permanent partial disability is paid only for amputation or anatomical loss of use of listed body parts, at 66 2/3% of wages for a set number of weeks (for example, thumb 50 weeks, hand 150, arm 200, foot 125, leg 175, eye 100), reduced in proportion for partial loss as rated under the latest AMA Guides. Up to 100 weeks may be awarded for serious permanent disfigurement, certain hearing loss, or serious impairment of the respiratory, digestive or genito-urinary systems. Most permanent work restrictions are compensated instead through supplemental earnings benefits (up to 520 weeks). OWCA states a one-time $50,000 payment is made for catastrophic injuries such as paraplegia or loss of both hands, arms, feet, legs or eyes.

If a work injury causes death within two years after the last treatment for it, wholly dependent family members receive weekly benefits: 32.5% of wages for a spouse alone; 46.25% for a spouse and one child; 65% for a spouse and two or more children; 32.5%, 46.25% or 65% for one, two, or three or more children alone; and 32.5% for one dependent parent or 65% for two. Other dependents may receive a share, up to 65% in total. Partial dependents receive a proportional amount. If there are no legal dependents, adult biological or adopted children share a $75,000 lump sum; if none, each surviving parent receives $75,000. The employer also pays reasonable burial expenses up to $8,500, and if burial costs less than $7,500 the difference is paid to the worker's heirs.

Report the injury to the employer within 30 days; the employer must report lost-time injuries to its insurer, which reports to OWCA. When the employer or insurer starts, changes, stops or denies benefits, it must send the worker a Form LWC-WC 1002 notice. A worker who disagrees should return the notice-of-disagreement section or send a letter demanding the benefit. If the benefit is not provided, the worker may file Form LWC-WC 1008 (Disputed Claim for Compensation) with an OWCA district office by mail, fax or electronically. The filing fee is $50 plus any service fees; a worker who cannot afford the fees can ask the workers' compensation judge to proceed without paying in advance. Either side may request mediation with an OWCA mediator.

Disputed claims are decided by a workers' compensation judge in an OWCA district office, which may first hold mediation. A party unhappy with the judge's final decision may appeal to the state circuit court of appeal for the district chosen by the worker. The motion for appeal is filed with the OWCA district office. A suspensive appeal (which delays enforcement of the judgment) must be filed within 30 days and a devolutive appeal within 60 days, counted from the day after the judgment is signed or the notice of judgment is mailed, whichever is later. An employer appealing an award must post a bond. Medical Director decisions on treatment can be challenged by filing Form 1008 within 45 days after the decision is mailed.

An employer may not refuse to hire an applicant, or fire an employee, because the person asserted a workers' compensation claim under Louisiana law or the law of another state or the United States. An employer may still discharge a worker who, because of the injury, can no longer do the job. A person refused a job or fired in violation may recover a civil penalty equal to the wages lost because of the discrimination, up to one year's earnings, plus reasonable attorney fees and court costs. Anyone found to have brought a frivolous retaliation claim can be held responsible for the other side's damages, fees and costs.

Temporary total disability benefits have no fixed week limit; they stop when the worker's physical condition has resolved itself to the point that continued, regular treatment by a physician is no longer required. Permanent total disability benefits have no stated week limit. Supplemental earnings benefits (for a worker who can return to some work at reduced earnings) can never exceed 520 weeks in total, and they also end after any two-year period following the end of temporary total disability during which they were not paid for at least 13 consecutive weeks. Permanent partial disability benefits for the loss or loss of use of a body part are paid for a set number of weeks from a schedule (for example, 150 weeks for the loss of a hand), with a general limit of 100 weeks for certain other permanent impairments not on the schedule.

Yes. A claim can be settled by a lump-sum or compromise settlement, but the settlement must be presented to a workers' compensation judge for approval, either by a petition signed by all parties and verified by the worker, or by reciting the terms in open court. If the worker has a lawyer, the worker and the lawyer must sign affidavits that the lawyer explained the worker's rights and the consequences of settling. If the worker has no lawyer, the judge must decide that the worker understands the terms and may refuse approval if the settlement does not provide substantial justice to all parties. Once approved, a settlement can be set aside or changed only for fraud or misrepresentation by a party.

Workers' compensation in Louisiana is overseen by the Louisiana Workforce Commission's Office of Workers' Compensation Administration. If a problem with your employer or its insurer is not resolved, contact your nearest Workers' Compensation District Office and file a Disputed Claim for Compensation (Form LW-WC-1008); disputes are handled as administrative proceedings through one of ten district offices. You are not required to have an attorney. The First Report of Injury (FROI) is filed electronically through the agency's EDI system (laworksedi.info) by registered trading partners.

An attorney's fee for representing an injured employee may not exceed 20% of the amount recovered, and attorney fee claims are not enforceable unless reviewed and approved by a workers' compensation judge.

Workers' compensation is the worker's exclusive remedy against the employer, any principal, and their officers, directors, stockholders, partners and employees, including punitive damages, unless another statute expressly creates a right to sue. The main exception is an intentional act: the employer's civil and criminal liability for an intentional act is not affected. Officers, co-employees and others are also not immune if they were not acting in the normal course and scope of their employment at the time of the injury.

A worker who receives compensation may also sue a third person whose fault caused the injury. The employer or insurer that paid compensation may sue the third person to recover what it paid; whichever side files suit must promptly notify the other in writing, and the other may join the case. From any recovery, the employer is reimbursed first for compensation actually paid, and its credit against future benefits is reduced by the worker's attorney fees and costs. A worker who settles with the third person without notifying the employer or insurer and getting its written approval forfeits future compensation, including medical benefits.

If an employer fails to carry the required workers' compensation coverage, the worker's weekly compensation is increased by 50%. The workers' compensation judge assesses a civil penalty of up to $250 per employee for a first offense (capped at $10,000 for related violations) and up to $500 per employee for later offenses, and the state may proceed against the employer to collect penalties. Willfully failing to provide coverage can also bring criminal penalties.

When a bona fide dispute arises (for example, a denied claim), the worker or employer files a claim with the Office of Workers' Compensation Administration on its form; the claim must generally be filed within one year after the accident, or within one year after the last compensation payment if payments were made. The workers' compensation judge's decision is final unless appealed to the circuit court of appeal: a suspensive appeal must be filed within 30 days and a devolutive appeal within 60 days, counted from the day after the judgment is signed or the notice of judgment is mailed, whichever is later.