If you've been injured on the job in Louisiana, you may wonder whether your workers' compensation claim could be denied simply because you knew your job was dangerous. Many occupations come with inherent risks, and workers often accept these hazards as part of their duties. But does acknowledging those risks mean you forfeit your right to workers' compensation?

In Louisiana, the short answer is no—your claim cannot be denied solely because you were aware that your job was risky. However, there are specific situations where your claim might be challenged. Below, we break down how workers' compensation laws in Louisiana apply to hazardous jobs and what exceptions may affect your case.

Workers' Compensation in Louisiana

Workers' compensation is designed to provide financial and medical benefits to employees who suffer work-related injuries or illnesses. It covers medical treatment, wage replacement, and disability benefits to support workers during recovery.

Under Louisiana Revised Statutes (La. R.S.) § 23:1021-23:1415, most employers are legally required to provide workers' compensation coverage for their employees. Louisiana's system is no-fault, meaning you don't need to prove employer negligence to qualify for benefits. As long as your injury occurred while performing job-related duties, you're generally entitled to compensation.

Does Knowing the Risks Affect Your Claim?

You may think that because you understood your job was hazardous, you bear responsibility for your injuries. However, regardless of how dangerous your job is, you are entitled to compensation if you are injured while performing work duties.

Situations Where Your Workers' Compensation Claim Could Be Denied

While the law protects workers, there are certain situations where your claim might be denied. Here are some key exceptions:

Intoxication or Drug Use

Under Louisiana Revised Statutes Section 23:1081(A)(1)(b), if your injury was caused by intoxication or illegal drug use, your claim can be denied. Employers may require drug and alcohol testing following a workplace accident, and if results show you were impaired at the time of injury, you may lose your right to benefits. The employer/insurer has the burden of proving intoxication.

Intentional Self-Injury

Under Louisiana Revised Statutes Section 23:1081(A)(1)(a), you are not eligible for workers' compensation benefits if your injury was caused by your willful intention to injure yourself or another.

Initial Physical Aggressor

Under Louisiana Revised Statutes Section 23:1081(A)(1)(c), the initial physical aggressor in an unprovoked physical altercation is not entitled to workers' compensation benefits unless excessive force was used in retaliation against the initial aggressor. 

What if You Were Hurt While Engaging in Horseplay?

If you were injured while engaging in horseplay or roughhousing, your claim may be denied. Louisiana law states that injuries occurring as a result of horseplay are generally not compensable. However, if another employee's misconduct caused your injury and you were not involved, you may still qualify for benefits.

What Counts as “In the Course of Employment”?

Workers' compensation only covers injuries that occur within the scope of employment. Under Louisiana Revised Statutes Section 23:1031, employment begins when you start performing work duties and ends when you stop. However, there are exceptions:

• If your job requires travel, you may be covered while on work-related trips.
• If you are injured while using a company vehicle for work purposes, you may be eligible for benefits.
• If your employer designates a parking lot, coverage typically begins when you arrive and ends when you leave.

What if Your Employer Denies Your Claim for Not Following Proper Procedures?

Employers may try to deny claims by arguing that you failed to report your injury in time or did not follow workplace policies. While it's important to follow procedures, failing to do so does not automatically disqualify you from benefits.

Under Louisiana Revised Statutes Section 23:1301, you must report your injury to your employer within 30 days. If you fail to report it within this period, your claim may be denied unless there is a valid reason for the delay.

What If a Third Party Caused Your Injury?

If someone other than your employer caused your workplace injury—such as a contractor or another company—you may have a third-party liability claim. Under Louisiana Revised Statutes Section 23:1101, you can file a workers' compensation claim and pursue a lawsuit against the responsible third party to recover additional damages.

How a Louisiana Workers' Compensation Lawyer Can Help You

• Understanding Your Rights: Louisiana workers' compensation laws can be complex. A lawyer can help you navigate your claim and help ensure you receive the benefits you're entitled to.
• Filing Your Claim Correctly: Errors in your claim can cause delays or denials. An attorney ensures that your claim is properly filed and documented.
• Appealing Denied Claims: If your claim has been denied, a lawyer can assist you in filing an appeal and presenting evidence to support your case.
• Maximizing Your Benefits: Workers' compensation covers medical expenses, lost wages, and disability benefits.
• Handling Third-Party Claims: If another party is responsible for your injury, a lawyer can help you file a lawsuit in addition to your workers' compensation claim.
• Protecting Against Employer Retaliation: If you fear retaliation from your employer for filing a claim, a lawyer can defend your rights. Louisiana law prohibits employers from firing or punishing workers for filing valid claims.

Speak to a Slidell Louisiana Workers' Compensation Attorney Today

If you've been injured at work in Louisiana, you have the right to file a workers' compensation claim—even if your job was inherently risky. If your claim is denied or you need help navigating the process, a workers' compensation attorney can assist you in securing the benefits you deserve. Attorney Delsa is here to help you understand your rights and secure the benefits you need. Call (985) 882-1222 or contact us online for a free consultation today.