How do I file a workers' compensation claim in Louisiana?

Louisiana workers' comp is governed by La. R.S. Title 23, Chapter 10, administered by the Office of Workers' Compensation Administration (OWCA).

1. Coverage

Required for all employers with 1+ employee (La. R.S. 23:1035). Excluded: domestic workers in private homes, uncompensated officers/directors of nonprofits, certain real estate licensees, qualifying independent contractors, and some musicians/entertainers. Employees in interstate commerce by railway are covered by FELA, not WC.

2. Notice to Employer

Notice within 30 days of injury (La. R.S. 23:1301). Failure without reasonable excuse can bar the claim if the employer is prejudiced.

3. Claim Filing

File a Disputed Claim for Compensation (Form 1008) with the OWCA within 1 year of the accident (La. R.S. 23:1209). For wage benefits with prior payment, 1 year from last payment; absolute prescriptive bar at 2 years for indemnity. For occupational disease, 1 year from disability and knowledge.

4. Benefits

Medical fully covered (with utilization review under R.S. 23:1203.1 fee schedule). Temporary Total Disability pays 66 2/3% of average weekly wage subject to state max (75% of state average weekly wage — about $873/week for 2026) under R.S. 23:1221(1). Supplemental Earnings Benefits (SEB) under R.S. 23:1221(3) for partial earning loss up to 520 weeks. Permanent Total Disability for life. Permanent Partial under § 1221(4) schedule. Death benefits and $8,500 burial.

5. Independent Medical Exam (IME)

Carrier may require IME under R.S. 23:1124. If treating doctors disagree, the Medical Director may appoint a state IME under R.S. 23:1123.

6. Choice of Doctor

Employee chooses the initial treating physician in each medical specialty (R.S. 23:1121). Subsequent changes within a specialty require employer/carrier consent or WC judge approval.

7. Denied Claim / Appeal

Workers' Compensation Judge (WCJ) at OWCA holds trial. Appeal to the Louisiana Court of Appeal (Circuit covering the parish) within 30 days, then to the Louisiana Supreme Court on writ (R.S. 23:1310.5).

8. Third-Party Suit

La. R.S. 23:1101 preserves third-party rights. Employer/carrier has subrogation lien (Moody v. Arabie credit) — reduced for pro-rata attorney's fees and costs.

This is legal information, not legal advice.