TERMINATION OF EMPLOYMENT

The Louisiana Workers Compensation Act prohibits an employer from firing an employee in retaliation for the employee filing a Louisiana Workers Compensation claim. Nonetheless, if a doctor withholds an injured employee from work, that person usually will be classified as Temporarily Totally Disabled from performing their job. If their injury prevents them from returning to work, they may in some circumstances be fired because, at least temporarily, they can no longer perform the duties of their employment.

It is important to realize the distinction between the two situations.

In most circumstances, the Louisiana Workers Compensation Act allows your employer to terminate your employment if you are medically unable to perform the work. Additionally, Louisiana law does not require employers to allow injured employees to return to their job when they have recovered from their injury. Federal laws, such as the Family & Medical Leave Act or the Americans with Disabilities Act, extend greater protection to some injured Louisiana employees.

On the other hand, your employer is prohibited from terminating your job in retaliation for the fact that you filed a Louisiana Workers Compensation claim. You may have a significant case against your employer if you are able to prove that you were subjected to "retaliatory discharge" or a "wrongful termination" in response to your Louisiana Workers Compensation claim.

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