Essential Time-Sensitive Steps After a Workplace Injury in Louisiana

A workplace accident can flip your life upside down in seconds. You’re hurt, confused, and probably unsure about what happens next. The reality is: what you do in the first few hours and days after an injury can make or break your claim. Louisiana law has strict deadlines, and if you miss them, you could lose your chance to get the help you need. 

We are here to walk you through the time-sensitive steps after a workplace injury in Louisiana, with a focus on protecting your rights, not pleasing your employer or their insurance company.

Understanding Your Rights After a Workplace Injury

If you suffer a work-related injury, Louisiana law says you have the right to workers' compensation benefits. These are meant to cover medical expenses, lost wages, and in some cases, disability benefits or death benefits.

Common causes of workplace injuries include faulty equipment, unsafe workspaces, and poor safety protocols. Some injuries happen suddenly—others develop over time, like repetitive stress or exposure to hazardous materials. Either way, Louisiana workers have the right to file a workers’ compensation claim and receive fair compensation under the Louisiana Workers’ Compensation Act or La RS 23:1032 A(1)(a):

Except for intentional acts provided for in Subsection B, the rights and remedies herein granted to an employee or his dependent on account of an injury, or compensable sickness or disease for which he is entitled to compensation under this Chapter, shall be exclusive of all other rights, remedies, and claims for damages, including but not limited to punitive or exemplary damages, unless such rights, remedies, and damages are created by a statute, whether now existing or created in the future, expressly establishing same as available to such employee, his personal representatives, dependents, or relations, as against his employer, or any principal or any officer, director, stockholder, partner, or employee of such employer or principal, for said injury, or compensable sickness or disease.

If your employer refuses to cooperate, or if you believe the injury was caused by intentional or reckless behavior, you may also have a right to take legal action outside the workers’ compensation system.

Reporting the Injury: Steps After a Workplace Injury in Louisiana

Step 1: Notify Your Employer Immediately (Within 30 Days)

Louisiana law is clear: you must report your workplace injury to your employer within 30 days of the accident. This is outlined in the Louisiana Workers’ Compensation Act. Waiting too long can cause you to lose the right to receive workers’ compensation benefits.

• Tell a supervisor, manager, or someone in charge—not just a co-worker.

• Do it in writing if possible. An email or text message with the time and date gives you a paper trail.

• If you're unable to report it right away because of the severity of your injury, do it as soon as you’re physically able.

Step 2: Include Basic but Important Details

When reporting your injury, make sure to provide:

• The exact date and time of the injury

• The location where it occurred

• A simple description of how it happened (e.g., “slipped on wet floor in loading dock”)

• What part of your body was affected

• The names of any witnesses who were present

This information should also be recorded for your own records.

Step 3: Request an Accident Report Form

Most Louisiana employers are required to have a formal accident report or incident report form. If your employer does not offer one, document the incident yourself and ask them to sign and date your version.

• If your employer refuses to document your report, note the date you informed them and who you spoke to.

• This can be helpful later if your employer tries to deny you reported the injury.

Step 4: Keep a Personal Record

After reporting the injury, write everything down while it’s still fresh:

• A timeline of events

• Names of anyone you talked to

• Screenshots or copies of any messages, emails, or forms submitted

These detailed records are crucial if your employer disputes your claim later or claims you didn’t report the injury in time.

Step 5: Monitor Your Employer’s Response

Your employer should file an accident report with their workers’ compensation insurance carrier. If you don’t hear anything within a few days:

• Ask for the name and contact info of the claims adjuster assigned to your case

• Document the date you made this follow-up request

If your employer fails to file the claim, you may need to file it yourself with the Louisiana Workforce Commission.

Step 6: Be Aware of the One-Year Filing Deadline

Even if you reported your injury on time, that’s not the same as filing a formal claim.

• You generally have one year from the date of the accident to file a workers’ compensation claim with the Louisiana Workforce Commission under Louisiana Revised Statute §23:1209(A):

In case of personal injury, including death resulting therefrom, all claims for payments shall be forever barred unless within one year after the accident or death the parties have agreed upon the payments to be made under this Chapter, or unless within one year after the accident a formal claim has been filed as provided in Subsection B of this Section and in this Chapter.

• If your injury was not reported in writing or your employer never filed a report, you are still responsible for filing your own claim to protect your rights.

Step 7: Seek Legal Advice if Anything Seems Off

If your employer tries to talk you out of reporting the injury, delays paperwork, or tells you to use your own health insurance, that’s a red flag.

• Speak with a workers’ compensation attorney who handles Louisiana law.

• Legal professionals can help make sure your claim is properly documented, submitted, and protected.

By following these steps, you give yourself the best chance of receiving workers' compensation benefits—including coverage for medical treatment, lost wages, and other expenses. Skipping or delaying any part of the process could lead to a denied claim, delayed payments, or worse—no benefits at all.

Seeking Medical Attention

Always seek medical attention immediately—even if the injury seems minor. Waiting can delay the healing process and give the insurance company an excuse to question your claim.

You have the right to choose your own doctor. Don’t just go to the employer’s doctor. Fill out the Choice of Physician Form, and once it's approved by your claims adjuster or employer, you can see your preferred healthcare provider. This is key, because some employer-recommended doctors may have loyalty to the company, not to you.

Keep copies of every medical visit, prescription, and treatment related to your injury. This documentation can significantly impact your ability to receive workers' compensation benefits.

Filing a Workers’ Compensation Claim

To get your benefits started, you’ll need to file a formal workers’ compensation claim with the Louisiana Workforce Commission. This involves completing the proper paperwork and submitting your medical records, accident report, and any supporting documentation.

The sooner you file a claim, the better. Delays can cause delayed payments or even denials. If you're confused or unsure about the paperwork, this is the moment to seek legal advice. Filing a claim properly is your first step toward receiving wage replacement, medical benefits, and possibly more.

Understanding Workers’ Compensation Benefits

Workers’ compensation benefits in Louisiana can include:

• Medical expenses for necessary treatment

• Wage replacement if you're unable to work

• Disability benefits if your injury leaves you permanently or temporarily disabled

• Rehabilitation costs for recovery and returning to work

• Death benefits for families who lose a loved one due to a workplace accident

Understanding the exact benefits you're entitled to is tough without help. An experienced attorney can review your claim and help ensure you’re not leaving money on the table.

Navigating the Workers’ Compensation Process

The workers’ compensation claim process can be overwhelming, especially when you're recovering. There are strict legal deadlines, required forms, and insurance reps who are trained to protect the company’s bottom line.

You also have to deal with claims adjusters, ongoing medical treatment, and potential disputes about your injury. That’s why seeking legal assistance from someone who knows Louisiana law can make a significant difference.

An Orleans workers’ compensation attorney can help you avoid common mistakes and keep your claim moving forward.

Challenges and Exceptions

Some exceptions to the one-year deadline exist, such as when your injury develops over time. In these cases, the clock may start from the date of diagnosis, or from when you first realized your job caused the injury.

Also, if your employer failed to give you written notice of your right to file a workers’ compensation claim, that can extend your timeline, according to Louisiana R.S. §23:1209(C), if your employer paid for any medical treatment, you may still have up to three years from the last date of payment to file for medical benefits.

Still, don’t assume you qualify for more time—act promptly. Keep a record of all communication with your employer about your injury.

Seeking Professional Help

If the workers’ compensation system feels like it’s working against you, you’re not imagining it. Insurance companies are not interested in doing you any favors. They may deny treatment, delay payments, or push you toward a quick, low settlement.

Getting help from a legal professional who focuses on representing workers in Louisiana can change the outcome. They can make sure your claim is filed correctly and that you’re getting access to all the benefits the law allows.

See Louisiana Personal Injury Lawyer, Taylor Burnham’s reaction to a workplace accident:

What to Expect Next

After your workers’ compensation claim is filed, the Louisiana Workforce Commission will review your case. If approved, your workers’ compensation benefits will begin—including medical care and lost wages.

If your claim is denied, you have the right to appeal, and an experienced attorney can help build your case. Don’t go into that process alone. Reach out to Burnham Law Firm and get the support you need. 

Injured workers deserve clarity—not confusion—when their health and future are on the line.