If you were injured on the job in Louisiana, filing a workers' compensation claim should help you obtain medical care and wage benefits while you recover. Unfortunately, some employers respond negatively when an employee asserts these rights. If your employer fires you, cuts your hours, demotes you, or treats you differently after you file a claim, Louisiana law may protect you. Understanding your rights can help you determine whether legal action may be appropriate.

What Employer Retaliation Can Look Like After a Work Injury

Employer retaliation is not always obvious. It may include termination shortly after filing a claim, sudden demotions, reduced hours, pay cuts, or excessive discipline for minor issues. Some injured workers also experience harassment or pressure to withdraw their workers' compensation claim. While employers are allowed to make legitimate employment decisions, they are not permitted to punish you simply because you exercised your legal right to file a claim.

Louisiana Law That Protects You From Retaliation

The primary law protecting injured workers from retaliation is Louisiana Revised Statutes § 23:1361. This statute makes certain forms of discrimination unlawful when they are connected to a workers' compensation claim.

Under Louisiana Revised Statutes § 23:1361(A), an employer may not refuse to hire you because you asserted a workers' compensation claim, whether under Louisiana law or another jurisdiction's workers' compensation system. The statute also clarifies that employers may still require applicants to meet legitimate job qualifications.

Under Louisiana Revised Statutes § 23:1361(B), an employer may not discharge you because you asserted a claim for workers' compensation benefits. At the same time, the statute allows an employer to discharge an employee who is physically unable to perform the duties of the job because of the injury.

What You May Recover if Retaliation Occurs

If your employer violates the law, Louisiana Revised Statutes § 23:1361(C) allows you to bring a civil action. The statute permits recovery of a civil penalty equal to the amount of wages you would have earned but for the discriminatory action. This recovery is capped at no more than one year of wages, calculated based on your pay at the time of discharge or the starting salary of the position you were denied.

The statute also allows recovery of reasonable attorney's fees and court costs if you prevail. These remedies are intended to discourage employers from retaliating against workers who lawfully seek workers' compensation benefits.

Louisiana Revised Statutes § 23:1361(D) states that the remedies provided under this law do not limit any other rights or remedies you may have under Louisiana law. However, Louisiana Revised Statutes § 23:1361(E) provides that if a court finds a retaliation claim to be frivolous, the employee may be ordered to pay damages, including attorney's fees and court costs. Because of this risk, it is important to seek legal guidance before filing a claim.

Slidell Louisiana Workers' Compensation Retaliation Lawyer

If you suspect that your employer retaliated against you for filing a workers' compensation claim, you deserve clear guidance about your rights under Louisiana Revised Statutes § 23:1361. Attorney Delsa understands how workplace injuries and employer retaliation can affect your income, your health, and your family's future. He can review your situation, explain your legal options, and help you decide what steps to take next. Contact Delsa Law Firm, LLC by calling (985) 882-1222 or contacting us online for a free consultation.