Filing a Workers' Comp Claim in Louisiana

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.

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.

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.