If you were injured at work in Louisiana and are worried about being fired after filing a workers' compensation claim, this guide explains your legal rights, what counts as retaliation, and what steps to take next. Understanding these protections can help you safeguard your job and benefits.

Key Takeaways

• Under Louisiana Revised Statutes § 23:1361, no person or corporation may discharge an employee for asserting a claim for workers' compensation benefits.

• Louisiana is an at-will employment state, allowing employers to terminate staff at any time for any legal reason, with a mandatory exception for injured workers who file claims.

• If you were terminated after filing a workers' compensation claim, you may have grounds for a wrongful termination claim if the termination was retaliatory in nature.

• A successful retaliation claim can potentially include up to one year of lost wages, reinstatement, and attorney's fees.

• Call Schwartz Law Firm at (504) 837-2263 or message us online for a free consultation if you believe you were fired in retaliation.

Can My Employer Fire Me for Filing a Workers' Compensation Claim in Louisiana?

It is illegal for employers in Louisiana to fire an employee solely for filing a workers' compensation claim, according to § 23:1361. Louisiana law explicitly prohibits employers from retaliating against employees for filing a workers' compensation claim, which includes adverse actions such as firing, demoting, or harassing the employee. Many employees are not aware of these legal protections.

Under Louisiana Revised Statutes, an injured employee is entitled to workers' compensation benefits without needing to prove employer negligence, as long as the injury occurred within the scope of employment. This protection applies to Louisiana workers across New Orleans, Metairie, Jefferson Parish, St. Bernard Parish, Baton Rouge, and statewide.

Your workers compensation claim is a separate legal process from a retaliation or wrongful termination claim—you can pursue both simultaneously. If you were fired after reporting a work related injury, call Schwartz Law Firm at (504) 837-2263 for a free case review.

How Louisiana Law Protects Workers from Retaliation

Retaliation is a legal term for punishing a worker for asserting protected rights, including filing a workers' compensation claim. The legal shield against discharge for asserting a claim for workers' compensation includes protection from retaliatory adverse actions such as firing, demotion, pay cuts, or harassment.

Common retaliatory actions include:

• Firing shortly after a workers compensation claim

• Drastically cutting hours or pay

• Demoting an injured worker without valid business reason

• Creating a hostile work environment to force resignation

Elements of a Retaliation Claim

To win a retaliation claim, you must establish: (1) you engaged in a protected activity like filing a claim, (2) your employer took an adverse action, and (3) a causal connection between the two. The burden of proof in wrongful termination cases rests on the employee, who must establish a clear connection between the claim and the firing. Proper documentation of employment decisions is crucial for employers to support their actions and mitigate legal risks or accusations of retaliation.

Federal laws like the Americans with Disabilities Act may also apply when injuries result in long-term limitations.

What Counts as Illegal Retaliation After a Workers' Compensation Claim?

Retaliation can be obvious or subtle—the timing and employer's stated reasons matter significantly. Retaliation is the most frequently filed type of employment law claim, with 37,632 claims filed with the EEOC in 2020, representing 55.8% of all claims.

Examples tailored to Louisiana workers:

• A warehouse employee in Jefferson Parish fired two weeks after filing despite years of positive performance evaluations

• A service industry worker in New Orleans reassigned to physically impossible tasks after medical restrictions

• A refinery worker in St. James Parish suddenly receiving write-ups for minor issues only after reporting an injury

Not every termination after an injury is illegal. Employers cannot fire employees solely due to their workers' compensation claim, but may have legitimate reasons. If an employee believes they have suffered retaliation, they should document any adverse actions taken by their employer and consult with a legal professional. Workers often have concerns about retaliation and their rights to workers' compensation benefits, so understanding these protections is crucial.

Workers who helped a coworker with a claim or testified in a workers' compensation hearing are also legally protected from retaliation. Laws prohibit both discrimination and retaliation against employees who report unlawful activity, such as harassment or discrimination, ensuring important legal protections for Louisiana workers.

When Termination Might Be Legal Under Louisiana's At-Will System

Louisiana is an at-will employment state, meaning employers can generally terminate employees for almost any non-discriminatory, non-retaliatory reason, including reasons unrelated to discrimination or retaliation. To avoid wrongful termination claims, employers must demonstrate that any termination decision was not influenced by the employee's workers' compensation claim or any report of discrimination.

Examples of Legal Termination

Valid, non-retaliatory reasons employers may cite:

• Company-wide layoffs or location closures

• Performance problems documented before the injury

• Safety rule violations or documented misconduct

An employer can legally terminate an employee if a workplace injury permanently prevents the employee from performing essential duties, but if reasonable accommodations are possible, protection under the federal Americans with Disabilities Act (ADA) may apply. Employers may also make employer offers of suitable modified roles or light-duty work based on medical advice, and employees should carefully consider these offers. Firing due to legitimate, unrelated reasons, such as company downsizing or inability to perform job duties because of an injury, is permissible under Louisiana law.

Employers are not required to keep a job open indefinitely if the employee cannot perform duties after maximum medical improvement, but cannot fire the employee due to their workers' compensation claim or as a form of discrimination.

How Being Fired Affects Your Louisiana Workers' Compensation Benefits

Being fired does not stop an employee's workers' compensation claim, and they remain entitled to medical coverage and wage replacement benefits while recovering. Medical benefits and wage replacement continue based on your disability status, not your employment.

Key points about post-termination benefits:

• Temporary total disability payments can continue

• Medical treatment for work-related conditions remains covered

• Supplemental earnings benefits may apply if you're underemployed

If an employer improperly stops workers' compensation benefits, the employee has the right to file a dispute with the Louisiana Workforce Commission or Louisiana Office of Workers' Compensation Administration to challenge the decision.

Do not sign any severance agreements or releases without first talking to Schwartz Law Firm at (504) 837-2263. You could waive important rights.

What to Do Immediately If You Were Fired After Filing a Workers' Compensation Claim

If you were recently terminated after a work injury in New Orleans, Metairie, Baton Rouge, or surrounding parishes, take these steps:

1. Get a copy of your termination letter

2. Request your full personnel file, including past evaluations

3. Save all emails, texts, and voicemails about your injury and firing

4. Write a detailed timeline from injury date through termination

5. Continue all doctor visits and physical therapy appointments

Avoid arguing with supervisors in the moment. Document calmly and contact a workers compensation lawyer quickly. A civil lawsuit for wrongful termination must be filed within one year from the date of termination notification, or the right to sue is forfeited.

Avoid posting about your termination on social media—insurers and defense lawyers monitor these posts.

Contact Schwartz Law Firm for a free consultation by calling (504) 837-2263 or sending a message through our secure online form.

How a Louisiana Workers' Compensation Lawyer Can Help With a Retaliation Claim

Retaliation cases are often proven through documents and timing. An experienced attorney who handles Louisiana workers compensation disputes understands how employers and insurers operate.

Schwartz Law Firm can:

• Review employment records and collect detailed records of medical evaluations

• Interview witnesses and examine company policies

• Compare pre-injury performance to post-claim treatment

• File both a workers compensation claim for medical expenses and wage replacement benefits, and a separate retaliation claim

• Represent clients in court if litigation becomes necessary

If an employee's retaliatory discharge lawsuit prevails, the employer may face civil statutory penalties, including a penalty based on the employee's lost income and legal fees. Workers' compensation claims may include remedies such as reinstatement, back pay, compensation for emotional distress, and vocational rehabilitation.

Chris Schwartz is based in Metairie and represents clients across Greater New Orleans (Orleans, Jefferson, St. Bernard, St. Charles, St. John the Baptist, Plaquemines Parishes), River & Bayou parishes (St. James, Ascension, Lafourche, Terrebonne), and statewide. The firm offers free consultations and typically works on contingency, so you don't pay unless there's a recovery.

Why Injured Workers in Greater New Orleans Choose Schwartz Law Firm

Schwartz Law Firm is a Metairie-based practice that has built its reputation helping injured workers and auto accident victims throughout the Greater New Orleans area. The firm understands unique regional industries—maritime work, construction, service and hospitality—and how those jobs create specific injury and retaliation risks.

Employees fired in retaliation for filing a workers' compensation claim retain rights under state law to hold their employer accountable. The firm is committed to returning calls, explaining the workers compensation process in plain English, and helping clients pursue compensation through every step.

Workers in New Orleans, Metairie, Gretna, Chalmette, LaPlace, Houma, Thibodaux, and Baton Rouge should contact Schwartz Law Firm at (504) 837-2263 or reach out online if they suspect retaliatory behavior.

Free Consultation: Talk to a Metairie Workers' Compensation Lawyer Today

You don't have to figure out Louisiana workers compensation and retaliation law alone while recovering from an injury. Schwartz Law Firm offers a free consultation to injured workers who believe they were fired, demoted, or harassed after filing a workers compensation claim.

Retaliatory discharge actions in Louisiana are subject to a one-year statute of limitations from the date of termination notice—waiting too long can bar your legal options entirely.

Call Chris Schwartz at (504) 837-2263 right now or send a confidential message to discuss both your job loss and your ongoing workers compensation benefits.

Frequently Asked Questions: Being Fired After a Workers' Comp Claim in Louisiana

Does filing a workers' compensation claim guarantee that I will keep my job?

No. Workers compensation laws protect your legal right to file without retaliation, but Louisiana remains an at-will state. Employers cannot fire you because of your claim, but can make lawful business decisions unrelated to it. Contact Schwartz Law Firm to assist with evaluating whether your termination was legal.

Can I still receive benefits if I was fired?

Yes. Termination does not automatically stop workers compensation benefits. You remain entitled to receive benefits based on medical disability and work capacity, not your continued employment. If benefits were cut, you can file a dispute with OWCA.

What compensation can I recover if I prove retaliation?

A successful wrongful termination claim can include up to one year of lost wages, reinstatement in some cases, and reasonable attorney's fees. The amount depends on your pay rate, unemployment length, and evidence strength. Let Schwartz Law Firm evaluate your legal options.

How long do I have to bring a retaliation claim?

Louisiana law imposes a one-year prescriptive period for retaliatory discharge claims from the termination notification date. Waiting too long can forfeit your right to sue entirely. Speak with legal counsel immediately.

Do I need a lawyer for a workers' compensation case and retaliation claim?

While you can technically file alone, combining medical issues, lost wages, and complex Louisiana workers compensation laws makes self-representation risky. An experienced Metairie workers compensation lawyer can gather evidence, navigate hearings, and coordinate strategies. Schedule a free consultation with Schwartz Law Firm at (504) 837-2263 or online to protect your ability to resolve your dispute.