The Louisiana workers’ compensation program exists to indemnify businesses and protect employees. Companies that comply with state workers’ compensation rules do not have to worry about workers suing them directly for the financial consequences of an on-the-job injury.
Professionals hurt while working can rely on workers’ compensation coverage to pay for their treatment expenses and replace their lost wages. Employees typically need to notify their employers about their injuries, and their employers may play a role in the workers’ compensation claims process by validating the work-related origins of the injury and providing necessary accommodations to allow the worker to continue their employment.
Are injured employees at risk of sudden job loss because they file a workers’ compensation claim?
Retaliation is illegal
Filing a workers’ compensation claim is a protected workplace activity. Both federal employment regulations and Louisiana state statutes prohibit employers from terminating or otherwise punishing individual employees for reporting workplace injuries, requesting workers’ compensation benefits or seeking accommodations to return to work.
It is illegal for a company to fire a worker simply because of a workers’ compensation claim. However, employers can terminate workers if the company cannot accommodate their limitations and no longer has a role for the employee to fill. Those who can no longer perform essential job functions could lose their positions without the firing being retaliatory.
Companies can terminate workers who refuse light-duty work. They can also fire workers for reasons unrelated to a workers’ compensation claim while the claim is underway.
How can professionals protect themselves?
Employees concerned about retaliation can protect themselves by maintaining thorough documentation. Medical records validating the worker’s diagnosis and copies of emails and other written communications with an employer can help prove that a termination was retaliatory. Records showing that an employee requested light-duty work, informed an employer of their functional limitations and otherwise complied with all of the requirements can support claims that the company may have retaliated against them.
Those concerned about filing a workers’ compensation claim due to employer conduct or dealing with retaliation after filing a claim may require the support of an attorney. Legal guidance can help workers pursue the benefits they deserve, avoid common workers’ compensation pitfalls and hold employers accountable if retaliation occurs.