How to File a Workers’ Compensation Claim in Louisiana? 2025

Many workers wonder how to file a workers’ compensation claim in Louisiana. The process provides medical care and lost wages for injured workers. However, employers and insurers often fight these claims. Working with a personal injury lawyer can prevent mistakes that lead to conflicts down the road.

Reporting the Injury

Workplace injuries must be reported as soon as possible. The longer a worker waits, the harder it becomes to prove the injury happened on the job. Employers may question whether the injury is work-related if there is a delay. Reporting the injury in writing provides a record that can help support the claim.

Delaying medical treatment can make recovery harder and may also lead to the denial of a claim. A doctor’s diagnosis and treatment plan determine whether a worker qualifies for benefits. An injured employee should inform the doctor that the injury happened at work so it can be documented in the medical records.

Filing a Claim and Working With Insurance Companies

Once the injury is reported and medical treatment begins, the formal claims process starts. The employer submits the initial paperwork to the insurance company. The worker may need to complete additional forms to document the injury and treatment.

The insurer reviews the claim, and either approves or denies benefits. Approval means the insurer covers medical costs and pays lost wages if the worker is unable to return to work. A denial may happen if the insurer disputes the injury’s severity or cause. The worker has the right to appeal a denial by requesting a hearing with the Louisiana state government.

Denial

If an insurer delays or denies the claim, the worker may need to provide more information. A worker has the right to challenge a denial by gathering medical evidence, witness statements, or professional opinions. Legal assistance may help move the case forward.

A denial does not mean the case is over. A worker can request a hearing with the Louisiana Office of Workers’ Compensation to challenge the insurer’s decision. This process involves gathering evidence to support the claim. If the judge rules in favor of the worker, the insurer must provide benefits. If the judge sides with the insurer, the worker can appeal to a higher court.

Challenges From an Employer or Insurer

Workers’ compensation claims can face numerous obstacles that prevent injured workers from receiving the benefits they deserve, including:

• Pre-existing conditions. Insurers may claim that an injury is not work-related if a worker has a history of similar medical issues. Medical records showing a clear link between the job and the injury help counter this argument. Insurance companies often attempt to shift blame to prior injuries or conditions, even when the work injury represents a new or aggravating incident.
• Employer retaliation or pressure. Some employers discourage workers from filing claims or threaten job loss. Retaliation for filing a claim is illegal, and workers have the right to report such behavior. This can include subtle forms of retaliation like reduced hours, unfavorable shift changes, or increased scrutiny of work performance. Workers experiencing retaliation should document all incidents of this.
• Delays in medical treatment. Insurers may delay approval of medical procedures, forcing workers to wait for necessary care. A doctor’s written recommendation can help speed up the process. These delays can worsen injuries and extend recovery time, potentially leading to permanent impairment. Document requests and denials to prove unreasonable delays.
• Misclassification of employment. Some employers classify workers as independent contractors to avoid providing workers’ compensation. Workers who believe they are misclassified may need legal assistance to challenge their status. Determination often depends on factors like control over work methods and payment structure. Challenging this can result in retroactive coverage.
• Surveillance or claim investigation. Insurers may monitor workers to find reasons to deny benefits. Workers should follow medical restrictions and avoid activities that contradict their reported injuries. Insurance companies sometimes hire private investigators to photograph or video record injured workers, hoping to catch them doing more than what they say they are limited to doing.

An experienced legal team can help document issues and comply with medical restrictions. There are established procedures and protections to address each of these issues.

FAQs

How Do I File a Workers’ Comp Claim in Louisiana?

To file a workers’ comp claim in Louisiana, victims must follow a series of steps. The first step is reporting the injury to a supervisor or employer. The report should include details such as when, where, and how the injury happened. Once the injury is reported, the employer provides the necessary paperwork to start the claim. The worker must complete the required forms and submit them within the deadlines set by law.

Does the Employer File a Workers’ Comp Claim?

The employer files a workers’ comp claim. After an injury is reported, the employer must notify the insurance company and submit the required forms. The employer is responsible for providing the injured worker with information about medical treatment and wage benefits. If an employer delays or fails to take action, the worker may need legal assistance to move the claim forward.

How Does Worker’s Comp Work in Louisiana?

Worker’s comp in Louisiana works by providing medical treatment and wage benefits for employees injured on the job. The program covers injuries that happen while performing work duties, whether the injury occurs at the workplace or off-site. An injured worker must report the injury, seek medical care, and file a claim to receive benefits. If a claim is approved, the insurer pays for necessary medical treatment and lost wages.

Can a Worker Choose Their Own Doctor for a Workers’ Compensation Claim?

A worker can choose their own doctor for a workers’ compensation claim, but there are restrictions. The employer or insurer may request an evaluation with a doctor of their choice to assess the injury. If there is a disagreement between medical opinions, the worker may need an independent medical examination. Medical records play a major role in determining benefits, so getting care from a trusted provider is important.

Avoid Common Mistakes

Workers’ compensation exists to help employees whose lives have been disrupted by an injury. If a claim gets denied or delayed, legal help makes a difference. Schedule a consultation with Day Law Group to help secure full benefits.