Worker’s Compensation

What is the Statute of Limitations for Workplace Injuries?

Chris Dec 13, 2018

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.

What is the Statute of Limitations for Workplace Injuries

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 Author: Chris

Legal Support and Marketing Director

Schwartz Law Firm was founded by Christopher Schwartz in 1997. After obtaining his MBA and law degrees, Christopher Schwartz served as a Workers Compensation claims adjuster. This experience gave him a view of the system from the inside and inspired him to begin his own practice. Christopher Schwartz has successfully represented many injured employees in Longshore claims, Jones Act claims, and Personal Injury claims. He is a tough negotiator, whose track record includes multi-million dollar verdicts and settlements. Chris has also authored a book titled “The Road to Justice”. In his book, Chris outlines how he and his colleagues fight for public safety and what role his clients can play in winning their own personal injury cases. Chris is a native of New Orleans and has practiced law in Louisiana for 14 years. As a result, he understands local laws and feels a special loyalty to local people. He takes every case personally. Chris is available to represent clients anywhere in Louisiana and Maritime clients anywhere in the Gulf South. But he is also qualified to represent Defense Base Act clients anywhere in the world outside the U.S. He also focuses on auto accidents, semi-trailer accidents, 18-wheeler accidents and slip & fall accidents.