Retaliation for Filing Workers' Comp in Louisiana

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.

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.