If you've been hurt at work in Louisiana and are getting workers' compensation, you might wonder what happens if your employer fires you. It's a stressful situation—and one that many injured workers find themselves in.

Louisiana has specific laws that protect workers who are injured on the job, even if their employer decides to end their employment. This article explains what those laws say, what your rights are, and what you can do if you're let go while still recovering from a job-related injury.

How Workers' Comp Works in Louisiana

In Louisiana, the workers' compensation system is set up to help employees who get injured while doing their job. The rules are spelled out in the Louisiana Workers' Compensation Act.

If your injury qualifies, workers' comp may cover:

• Medical care for the injury
• Lost wages (in most cases, about two-thirds of your regular pay)
• Help finding another job if you can't return to your old one

These benefits don't depend on who caused the accident. As long as your injury happened during work, you should be eligible.

Can I Be Fired While Getting Workers' Comp?

Louisiana is an “at-will” employment state. That means your boss can fire you for just about any reason, or for no reason at all—as long as it's not against the law.

But it is illegal for an employer to fire you because you filed a workers' compensation claim. Louisiana law says so under Louisiana Revised Statutes § 23:1361. This is called “retaliation,” and it's not allowed.

So, if your employer lets you go just because you reported your injury or filed a claim, you may have a case against them.

What If They Say It Was for a Different Reason?

This happens a lot. An employer might say they fired you for something unrelated—like missing work, poor performance, or company cutbacks. If that's true and your injury had nothing to do with it, then it probably doesn't count as retaliation.

But even if you were fired for another reason, your workers' compensation benefits don't automatically stop. Workers' comp is based on your medical condition and your ability to work—not whether you still have your job.

If your doctor still says you can't work, or can only do certain tasks, and you're still being treated for your injury, you should keep getting benefits.

What Benefits Can I Still Receive After I'm Fired?

If you're no longer working for your employer but still recovering, you may still be eligible for:

• Temporary Total Disability (TTD) benefits if you can't work at all
• Supplemental Earnings Benefits (SEB) if you can work but unable to earn at least 90% of your pre-injury income

Being fired doesn't change these benefits. What matters is your medical status and work restrictions—not whether you're on the company's payroll.

What If My Employer Offered Me Light-Duty Work?

Sometimes employers offer light-duty jobs that match the limits your doctor sets. If you refuse a legitimate offer, your benefits could be reduced or even stopped.

But if you were fired before getting that offer—or if the job wasn't realistic based on your medical condition—you might still be entitled to full benefits.

If you're unsure whether the job offer was fair, or whether it affects your benefits, speak to a lawyer right away. It can make a big difference in how your case is handled.

Can I Sue My Employer for Firing Me?

You may be able to take legal action if you were fired because you filed a workers' comp claim. Louisiana law under Louisiana Revised Statutes § 23:1361(B) allows you to seek damages for this kind of retaliation.

If you win a case like this, you may be entitled to:

• Lost wages
• Legal costs and attorney's fees
• Possibly even reinstatement, though that's rare

To prove this kind of claim, you'll need evidence showing that your workers' comp claim was the real reason behind your firing—not just something else your employer claimed.

Slidell Louisiana Workers' Compensation Lawyer

Getting fired while you're still healing from a work injury is upsetting—and complicated. You may still have a right to keep getting workers' comp, and you may even be able to take legal action against your employer if they fired you for the wrong reasons.

At Delsa Law Firm, LLC in Slidell, Attorney Delsa focuses on helping injured workers understand and protect their rights under Louisiana law. If you're in this situation—or just worried it might happen—talk to us.

Contact Delsa Law Firm, LLC by calling (985) 882-1222 or contacting us online for a free consultation. Attorney Delsa will listen to your story, explain your options, and help you figure out what to do next.