What is the Statute of Limitations for Workplace Injuries?

Posted by Christopher “Chris” Schwartz | Dec 13, 2018 | 0 Comments

Workplace injuries are serious issues for employees who find themselves out of work because of the injury they suffered while performing their job duties. An injured employee could miss one day at work, one week, months or even years depending on the severity of their injuries. One of the most complicated matters that arises after being injured on the job is determining whether or not to pursue workers' compensation benefits or to file a lawsuit. If you are ever injured on the job it's important to understand the statute of limitations that surround workplace injuries so you are not left out in the cold.

Workplace injuries occur at an alarming rate. According to the Bureau of Labor Statistics, employers reported a total of 2.8 million nonfatal injuries in the workplace in 2017. This equates to 2.8 cases of workplace injury per 100 full-time employees in the country. The 2.8 million reported cases were roughly 45,800 less than the number of cases reported in 2016. These statistics include workplace illnesses too.

Louisiana Statute of Limitations

The statute of limitations for workplace injuries in Louisiana is found in the Civil Code of the state law under Section 3492. The code states the following: “Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.”

This statute of limitations covers any type of personal injury case, including car accidents, slip and fall accident, or a workplace accident that led to an injury. The clock begins ticking in Louisiana on the date in which the plaintiff was injured on the job. There must be negligence present for the plaintiff to file a lawsuit against the person responsible for the accident that led to their injuries.

Louisiana Workers' Comp Statute of Limitations

Along with the generic statute of limitations in Louisiana, the state also has a statute of limitations specifically for filing a workers' compensation claim. This is found in RS 23:1209 and allows the employee injured on the job a larger window to file a claim for workers' compensation benefits. This window is anywhere from one to three years. In most cases involving workplace injuries, the employee has 30 days to file notice to their employer of the injury, according to RS 23:1301. The code provides injured employees with 66 and two-thirds percent of their pre-injury salary in the majority of cases and $8,500 in expenses for burial if the employee dies on the job or from the injuries sustained.

Contact a Workers' Compensation Attorney

If you suffer an injury or illness on the job in New Orleans, Louisiana it's important that you speak with an experienced workers' compensation attorney. Your injuries, no matter how severe, could force you to miss time at work. This compounds because you are losing out on income, the ability to pay your bills, and the ability to provide for your family. Contact the office of the Schwartz Law Firm today at 504-837-2263 or 800-711-9366 to schedule a consultation between the hours of 9-5 from Monday through Friday.

About the Author


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Schwartz Law Firm

Schwartz Law Firm LLC attorneys bring over 25 years of combined experience securing personal injury recoveries and workers’ compensation successes in New Orleans and southeast Louisiana.