Can I Be Fired For Making a Workers’ Compensation Claim?

An injured employee cannot be fired for simply bringing a workers’ compensation claim against his employer. While Louisiana is an “at-will” work state, the Louisiana Workers’ Compensation Act specifically bars employers from terminating an employee who makes a claim for workers’ compensation benefits.

The specific statute, Louisiana Revised Statue 23:1361, is meant “to prevent unjust dismissals and to allow employees to exercise their right to workers’ compensation benefits without fear of retaliatory action by their employers.”[1]

An employee who has been terminated for making a claim may be entitled to civil penalties. The penalty is the amount the person would have earned if he had not been wrongfully terminated. When bringing this type of claim, the Court must decide the actual reason for the termination of employment. The injured employee is required to show, by direct record evidence or by a preponderance of the evidence that the termination of employment was due to the injured employee’s assertion of a claim for benefits.

If you have ever been injured in the workplace and feel that you have been wrongfully terminated, we highly recommend that you speak to an attorney. Please don’t hesitate to give us a call at (866) 897-8495 or fill out a free initial consultation form.

[1] Hooker v. Wal-Mart Stores, Inc., 38,350 (La. App. 2d Cir., 2004), 870 So. 2d 1131.

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