Delsa Law Firm, LLC

(985) 882-1222

Do I Still Get Workers’ Compensation If I’m Paid Under the Table in Louisiana?

Posted by Liz Delsa | Jul 06, 2026 | 0 Comments

If you were hurt on the job in Louisiana, you may believe that being paid under the table means you cannot file a workers' compensation claim. Many injured workers assume that without pay stubs or tax records, they have no legal protection. That is not always true under Louisiana law.

The key question is not how you were paid. The real issue is whether you were legally considered an employee and whether your injury happened in the course and scope of your job.

Can You Get Workers' Compensation If You Were Paid Cash in Louisiana?

Under Louisiana Revised Statutes § 23:1031, employees who are injured in the course and scope of their employment are generally entitled to workers' compensation benefits. The law does not say you lose your rights just because you were paid in cash.

If your employer controlled your work schedule, duties, or how the job was performed, you may still qualify as an employee even if you were paid under the table. Misclassification is common, especially in construction, labor, and service jobs.

Can an Employer Avoid Workers' Compensation by Paying You Under the Table?

No. Employers cannot legally avoid responsibility simply by paying workers off the books. Louisiana Revised Statutes § 23:1168 requires employers to carry workers' compensation insurance or properly self-insure.

If your employer failed to carry coverage, there may be legal consequences. In limited situations, Louisiana Revised Statutes § 23:1032.1 may allow an injured worker to pursue damages against an employer that knowingly failed to secure coverage.

What Benefits Can You Receive After a Work Injury?

If you qualify for workers' compensation, Louisiana Revised Statutes § 23:1221 outlines the benefits you may receive. These can include medical treatment, wage replacement, and disability benefits depending on your condition.

Even if you were paid under the table, your wages may still be proven. Evidence such as text messages, cash payment patterns, coworker statements, or jobsite records can help establish your earnings. Determining your average weekly wage may require legal analysis, especially when formal payroll records are missing.

Challenges in Under-the-Table Workers' Compensation Cases

Under-the-table cases are often more difficult than standard claims. Your employer may deny the employment relationship or argue that you were an independent contractor. You may also lack traditional proof of income.

Because of this, evidence becomes extremely important. You should gather anything that shows your work relationship, including messages, job instructions, photos, or witness information.

Do Not Assume You Are Not Covered

Many injured workers in Louisiana wrongly assume they cannot recover workers' compensation benefits because they were paid in cash. Louisiana law focuses on your work relationship and your injury, not just how you were paid.

If your employer tried to avoid the law, that does not automatically mean you lose your rights. A Louisiana workers' compensation lawyer can help evaluate your case, determine your employment status, and guide you through the legal process.

Contact a Louisiana Workers' Compensation Lawyer Today

If you were injured while working under the table in Louisiana, you may still have legal rights. Do not let uncertainty or lack of paperwork stop you from exploring your options. Contact Delsa Law Firm, LLC by calling (985) 882-1222 or contacting us online for a free consultation with attorney Delsa.

About the Author

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Delsa Law Firm, LLC Is Here for You

At Delsa Law Firm, LLC, we focus on Workers' Compensation and Personal Injury and we are here to listen to you and help you navigate the complexities of the legal system.

Contact Us Today

Delsa Law Firm, LLC is committed to answering your questions about Workers' Compensation and Personal injury law issues in Louisiana.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu