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The Job After an Injury

La. R.S. 23:1361 — no firing or refusing to hire someone for making a workers' compensation claim

No one may refuse to hire an applicant, or fire an employee, because the person asserted a workers' compensation claim in Louisiana or anywhere else. An employer may still discharge an employee who, because of the injury, can no longer do the job.

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A person refused or fired in violation recovers a civil penalty equal to what would have been earned, at the starting salary or the pay at discharge, up to one year's earnings, with reasonable attorney's fees and court costs. A frivolous claim makes the claimant pay the other side's damages, fees and costs.

Sources for this section (1)
  1. La. R.S. 23:1361 — Unlawful discrimination prohibited

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.

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