If you were injured at work in Louisiana, you may expect your employer to report the injury and start the workers' compensation process. Unfortunately, some employers refuse to file a claim or delay taking action. This can leave you dealing with medical bills, lost income, and uncertainty about your future. Louisiana law protects injured workers, even when an employer does not cooperate.

Your Right to Workers' Compensation Benefits in Louisiana

Workers' compensation in Louisiana is governed by the Louisiana Workers' Compensation Act, located in Louisiana Revised Statutes Title 23 beginning at Louisiana Revised Statutes § 23:1021. Most employers in Louisiana with one or more employees are required to carry workers' compensation insurance. If you are injured in the course and scope of your employment, you generally have the right to medical treatment and wage benefits regardless of who caused the accident.

Your Duty to Report the Injury to Your Employer

Louisiana law requires you to notify your employer of a work-related injury. Under Louisiana Revised Statutes § 23:1301, notice should generally be given within 30 days of the accident or the date you became aware of a work-related injury or illness. While notice does not always have to be written, documenting the report can help protect your claim. Failure to give timely notice may affect your ability to receive benefits, although exceptions may apply depending on the facts.

What Your Employer Is Required to Do After Notice

Once your employer has knowledge of a work injury that results in lost time or death, the employer has a legal obligation to act. Louisiana Revised Statutes § 23:1306 requires employers to report qualifying workplace injuries to their workers' compensation insurer and the Louisiana Office of Workers' Compensation Administration. An employer's refusal or failure to report the injury does not cancel your right to pursue benefits.

What You Can Do if Your Employer Refuses to File

If your employer refuses to file a workers' compensation claim, you are not without options. Louisiana law allows injured workers to file a Disputed Claim for Compensation, commonly known as a Form 1008, directly with the Office of Workers' Compensation Administration. This right is established under Louisiana Revised Statutes § 23:1310.3. Filing this claim formally initiates the workers' compensation process and allows a workers' compensation judge to resolve disputes over benefits.

Important Deadlines Under Louisiana Law

Deadlines are critical in workers' compensation cases. In most situations, Louisiana law provides a one-year deadline from the date of injury to file a disputed claim for compensation. Missing this deadline can result in losing your right to benefits altogether.

Protection From Retaliation in Louisiana

Many injured workers fear retaliation for reporting an injury or pursuing benefits. Louisiana Revised Statutes § 23:1361 makes it unlawful for an employer to discharge or discriminate against an employee for asserting workers' compensation rights. This includes retaliation for reporting a workplace injury or filing a claim. If retaliation occurs, additional legal remedies may be available, but each situation requires careful review.

Penalties for Wrongful Delay or Nonpayment of Benefits

When an employer or workers' compensation insurer fails to timely pay benefits without a valid legal reason, Louisiana Revised Statutes § 23:1201 allows for penalties and attorney fees in certain circumstances. These provisions are intended to discourage unreasonable delays or refusals to pay benefits.

Why Legal Guidance Can Make a Difference

When an employer refuses to cooperate, workers' compensation claims often become more complex. Medical documentation, accident evidence, and compliance with procedural rules all matter. A lawyer can help you navigate the Office of Workers' Compensation process, explain hearings, and protect your rights. If your employer disputes your claim or delays benefits, legal assistance from an experienced workers' compensation attorney can be especially important.

Louisiana Workers' Compensation Lawyer

If your employer refuses to file your workers' comp claim, you do not have to handle the situation on your own. Attorney Delsa helps injured workers understand their rights under Louisiana law and pursue available benefits. To discuss your legal rights and options, contact Delsa Law Firm, LLC by calling (985) 882-1222 or contacting us online for a free consultation. Taking action early can help protect your health, income, and future.