Shreveport Workers' Compensation Lawyer

Workers compensation in Louisiana is a no-fault OWC system, not a First-JDC lawsuit. How benefits, disputes, and third-party claims work for Caddo Parish workers.

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Our workers compensation questions page covers the most common issues injured workers face.

A Louisiana workers compensation claim is an administrative process before the Office of Workers Compensation, not a civil suit in the First Judicial District Court. The two tracks have different rules, different deadlines, and different decision-makers. Morris & Dewett has handled these cases across Northwest Louisiana for over two decades.

Coverage and Eligibility in Caddo Parish

Workers Compensation

A no-fault insurance system that provides medical benefits and wage replacement to employees injured on the job, regardless of who caused the accident. Louisiana’s system is governed by La. R.S. 23:1021 et seq.

Louisiana’s system covers most private sector employees in Caddo Parish under La. R.S. 23:1021 et seq.. Coverage is mandatory. Under La. R.S. 23:1168, operating without workers compensation insurance is a criminal offense in Louisiana.

Most workers in Shreveport are covered: healthcare workers at the Ochsner LSU Health Shreveport and Willis-Knighton systems, oilfield and industrial workers, warehouse and logistics employees, retail and hospitality workers, and employees across most private industries. Independent contractors are generally excluded, but that classification is often wrong. Courts examine who actually controls the work, not just what the contract says.

The borrowed servant and statutory employer doctrines create additional coverage questions for subcontractors on job sites. When a worker is loaned to another employer or hired through a staffing arrangement, more than one employer may carry liability. These situations require specific analysis to identify which employer owes benefits.

Morris & Dewett has handled workers compensation cases alongside third-party tort claims in Northwest Louisiana for over two decades.

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Common Work Injuries Covered by Louisiana Workers Compensation

Louisiana workers compensation covers injuries arising out of and in the course of employment. The system does not require proof of employer fault. It covers a wide range of injury types across the industries present in Caddo Parish.

Falls from heights remain one of the leading causes of fatal workplace injuries. Construction workers, industrial maintenance workers, and anyone working on scaffolding, ladders, or elevated platforms face this risk regularly. Overexertion and repetitive stress injuries are common in healthcare settings, warehouse and logistics work, and manufacturing. Back and spine injuries from lifting and repetitive strain cross every industry.

Struck-by accidents occur when a worker is hit by a falling object or moving equipment. Construction sites and industrial corridors see these regularly. Occupational illness and chemical exposure affect workers in manufacturing and energy-sector environments. Slips and falls on wet or cluttered floors happen in retail, healthcare, and food service settings throughout the parish.

If you were injured at work and treated at Ochsner LSU Health Shreveport or a Willis-Knighton facility, document your treatment carefully. Your medical records from the initial visit are evidence. They establish when the injury occurred and what was reported. Gaps between the injury and first treatment create disputes. Seek treatment promptly.

A construction fall involves different evidence than a repetitive stress injury or an occupational illness, and the investigation differs accordingly. Morris & Dewett evaluates whether a third-party claim exists alongside workers comp, because the type of injury often determines which parties beyond your employer may be liable.

Benefits Under Louisiana Workers Compensation

La. R.S. 23:1203 provides medical benefits for all necessary treatment without a dollar cap. Your employer or their insurer controls the selection of your initial treating physician. Treatment outside the approved physician requires authorization, which is a common source of disputes.

TTD

Temporary Total Disability. A Louisiana workers compensation benefit paying 66.67% of your average weekly wage when a work injury leaves you completely unable to work. Governed by La. R.S. 23:1221(1).

AWW

Average Weekly Wage. Calculated from your wages for the 26 weeks before the injury. It is the base number used to calculate TTD, SEB, and death benefit payments.

SEB

Supplemental Earnings Benefits. A Louisiana workers compensation benefit paying 66.67% of the difference between your pre-injury average weekly wage and your post-injury earning capacity. Governed by La. R.S. 23:1221(3).

Indemnity benefits replace lost wages. TTD pays 66.67% of your AWW when you cannot work at all. If you can work but cannot earn what you earned before, SEB pays 66.67% of the wage gap. Permanent Total Disability applies when the injury permanently prevents any substantial gainful employment. Death benefits pay 32.5% of the deceased worker’s AWW to a surviving spouse, with additional percentages for dependent children.

Medical benefits continue until you reach maximum medical improvement (MMI), the point at which your condition has stabilized and further treatment is not expected to improve it. MMI is a medical determination, and it frequently drives benefit disputes: insurers press to declare MMI early so they can move you off active treatment and recalculate indemnity. Vocational rehabilitation is available when an injured worker cannot return to their prior occupation. Insurers sometimes use rehabilitation evaluations to justify early termination of benefits.

La. R.S. 23:1201 requires the employer or insurer to begin payments within 30 days of written notice of injury. Arbitrary denial or delay triggers a penalty of 12% of the unpaid or underpaid benefits, plus reasonable attorney fees. When insurers delay or deny claims without justification, La. R.S. 23:1201 gives you a remedy.

The 12% penalty requires proving the denial was arbitrary and capricious. Morris & Dewett reviews every file for penalty eligibility from the first payment delay.

Representative Results

Past results do not guarantee future outcomes; each case is decided on its own facts. See our full case results.

The Claims Process in Caddo Parish

Report your injury in writing to your employer within 30 days. La. R.S. 23:1294 requires written notice. Oral reports can preserve rights but create disputes about what was said and when. Written notice eliminates that ambiguity. Keep a copy.

Gather your documentation before your claim is filed. You will need an incident report from your employer, all medical records documenting treatment, wage records for the 26 weeks before the injury, and witness contact information. Your employer’s insurer will ask for this material. Having it organized prevents delays.

Once your employer receives written notice, they have 30 days to begin benefit payments. If they dispute the claim or fail to pay, you file a Disputed Claim for Compensation (Form 1008) with the Louisiana Office of Workers Compensation (OWC). The OWC district office that serves Caddo Parish is located in Shreveport. This is the central point that separates a comp claim from a civil suit: the OWC, not the First Judicial District Court, decides the claim.

The First Judicial District Court listed above is the venue for civil litigation in Caddo Parish, including a third-party tort claim arising from a work injury. It is not where your workers compensation claim is decided. Keep the two tracks separate as you organize your case.

The prescriptive period for a workers compensation claim in Louisiana is one year from the date of injury or the date of the last benefit payment, under La. R.S. 23:1209. This deadline is separate from the prescriptive period for a third-party personal injury tort claim. If you have both a workers comp claim and a potential third-party claim, both deadlines matter and they run independently.

Missing either deadline is a permanent loss of rights. Morris & Dewett calendars both from day one.

How Does Louisiana Workers Compensation Handle Disputed Claims?

A denied, delayed, or disputed workers compensation claim is handled by the Louisiana Office of Workers Compensation. Filing Form 1008 opens the formal dispute process. Mediators attempt resolution before a formal hearing. Mediation is non-binding, so if it fails, the case proceeds to a hearing.

Workers compensation judges decide disputed claims. There are no juries in workers compensation disputes in Louisiana. The judge hears evidence from both sides and rules on benefit entitlement, the adequacy of treatment, and whether penalties apply. Under La. R.S. 23:1201, if the judge finds the denial was arbitrary, the insurer pays 12% of the unpaid benefits plus attorney fees.

The most common dispute involves an independent medical examination. The insurer hires a physician to evaluate you. That physician frequently recommends an earlier return to work, or an earlier MMI date, than your treating physician. The examination report becomes the insurer’s basis for reducing or terminating benefits. You can request a second medical opinion and dispute the findings. Form 1009 initiates a medical treatment dispute.

La. R.S. 23:1361 prohibits your employer from discharging or retaliating against you for filing a workers compensation claim. If you were fired, demoted, or had hours cut after filing, you may have a separate retaliation claim. Document every adverse employment action with dates, who said what, and any written communications.

Morris & Dewett represents workers before the OWC and handles hearings before workers compensation judges.

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Founding partners Trey Morris and Justin Dewett lead every Shreveport injury case Morris & Dewett takes.

Third-Party Tort Claims for Shreveport Workers

Exclusive Remedy

The legal rule under La. R.S. 23:1032 that bars an injured employee from suing their direct employer in civil court. Workers compensation is the only remedy against the employer who carries coverage.

Under La. R.S. 23:1032, workers compensation is your only remedy against your direct employer. You cannot sue your employer in civil court for a covered workplace injury, with narrow exceptions.

Third-party claims are different. If anyone other than your direct employer contributed to your injury, a civil lawsuit may exist alongside your workers comp claim. This is where the First Judicial District Court comes in. Third parties include general contractors, equipment manufacturers, property owners, negligent drivers on a work errand, and co-workers acting outside the scope of employment. A third-party claim can recover damages that workers compensation does not cover: pain and suffering, full wage loss, and non-economic damages.

When a non-employer caused the injury, the report documenting the incident matters. If a negligent driver struck you while you were working, or an outside party caused a crash on a Caddo Parish road during a work errand, a police or sheriff report establishes that the incident occurred and identifies who responded. That report is a starting point for the third-party claim, separate from the incident report you file with your employer for workers comp.

Borrowed Servant

A doctrine where a worker provided by one employer to work under another employer’s control may be considered the employee of the borrowing employer for workers comp purposes. The analysis turns on who directed the work.

Statutory Employer

Under La. R.S. 23:1061, a general contractor who hires subcontractors to perform work that is part of the contractor’s trade or business becomes the statutory employer of the subcontractor’s employees. The statutory employer may claim workers comp immunity from civil suit but is also obligated to ensure coverage.

The Borrowed Servant doctrine applies when a worker is furnished to work under another company’s supervision. The general contractor may become the borrowed servant’s employer for liability purposes. The Statutory Employer doctrine can work in either direction: a general contractor may claim immunity from your civil suit, or may be obligated to provide coverage if the subcontractor did not.

If you receive a third-party tort settlement, your workers compensation carrier has a lien under La. R.S. 23:1101. The carrier must be reimbursed for benefits paid from any third-party recovery. Lien negotiations are part of resolving the third-party claim and affect how much you ultimately receive.

Many firms handle only workers comp and refer third-party cases out; others handle only personal injury and miss the workers comp implications. Morris & Dewett handles personal injury claims in Shreveport alongside workers compensation, so the third-party analysis happens in-house.

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Reviews reflect individual client experiences. Past results do not guarantee future outcomes.

What Are the Most Common Workers Compensation Disputes in Caddo Parish?

Independent contractor misclassification is the first dispute to anticipate. Employers routinely classify workers as independent contractors to avoid paying workers compensation insurance premiums. Louisiana courts do not accept the label at face value. The test is actual control: who directed the work, who provided the tools, who set the hours. If you were told you were an independent contractor but your employer controlled how and when you worked, that classification may be wrong.

Disputed causation is the second most common problem. The insurer argues the injury happened before you started this job, or away from work, or that the work activity did not cause the condition. Medical records from before and after the injury date are the central evidence. Treating physician opinions matter. Examining physicians hired by the insurer frequently find pre-existing conditions or non-occupational causes.

Physician disputes under La. R.S. 23:1121 restrict the employee’s right to change treating physicians. The employer initially controls physician selection. If the approved physician is not providing appropriate treatment or is producing reports favorable to the insurer, changing physicians requires either employer consent or an OWC ruling. Knowing how to navigate this restriction is part of managing the claim.

Return-to-work pressure is another common dispute. Employers offer modified duty positions with the goal of ending your TTD benefits. Those positions may not actually accommodate your physical restrictions. If the offered position exceeds your restrictions, you may continue to receive benefits. Document your restrictions in writing from your treating physician and get the job description for any offered position in writing before accepting.

Retaliation happens. If your employer fires you, cuts your hours, changes your shift, or demotes you after you file a claim, La. R.S. 23:1361 gives you a claim. Keep records. Note dates, names, and the exact sequence of events. Verbal warnings or new disciplinary actions that started after you filed are relevant evidence.

When the insurer’s physician recommends a return to work that the treating physician has not cleared, Morris & Dewett challenges those findings with treating physician responses, functional capacity evaluations, and OWC motions.

Frequently Asked Questions

Does workers compensation cover a work injury that was partly my fault in Shreveport?
Yes. Louisiana workers compensation is a no-fault system under La. R.S. 23:1021 et seq.. You do not have to prove your employer or a co-worker was negligent, and you do not have to prove you were free of fault. As long as the injury arose out of and in the course of your employment, you are covered. The comparative fault rule that governs civil lawsuits does not apply to a workers compensation claim.
Is a Louisiana workers compensation claim filed in the First Judicial District Court for Caddo Parish?
No. A workers compensation claim is an administrative matter handled by the Louisiana Office of Workers Compensation, not a civil suit in the First Judicial District Court. You file a Disputed Claim for Compensation (Form 1008) with the OWC, a workers compensation judge decides it, and there is no jury. A First-JDC civil case is a different track that becomes relevant only when a non-employer third party caused the injury.
What is the difference between workers compensation and a personal injury lawsuit after a work accident in Louisiana?
Workers compensation provides no-fault medical benefits and wage replacement regardless of who caused the accident, but it excludes pain and suffering. A personal injury lawsuit against a third party can recover the full range of damages, including pain and suffering and full wage loss, but requires proving someone else's fault. Under La. R.S. 23:1032, you cannot sue your direct employer in civil court when workers compensation applies. The two claims are not mutually exclusive when a third party is involved. Many Caddo Parish work injuries involve both: workers comp benefits from the employer and a third-party tort claim against a general contractor, equipment manufacturer, or negligent driver.
How long do I have to report a work injury in Caddo Parish?
You must give written notice to your employer within 30 days of the injury under La. R.S. 23:1294. Failure to give timely notice can reduce or bar your benefits. The prescriptive period to file a workers compensation claim is one year from the date of injury or the date of the last benefit payment under La. R.S. 23:1209. These are two different deadlines. The 30-day notice requirement is not the same as the one-year filing deadline.
What happens if my employer does not have workers compensation insurance in Louisiana?
An employer who fails to carry required workers compensation coverage has committed a criminal offense under La. R.S. 23:1168. An injured worker whose employer is uninsured may file a civil claim directly against the employer, and the employer loses the exclusive remedy protection that normally bars civil suits. The Louisiana Workforce Commission can help identify whether coverage exists.
Can my employer fire me for filing a workers compensation claim in Louisiana?
No. La. R.S. 23:1361 prohibits an employer from discharging, discriminating against, or retaliating against an employee for filing a workers compensation claim. A violation gives the employee a cause of action for lost wages and up to 250 days of wages as a penalty. Document everything: the date you filed, the date of any adverse employment action, who communicated it, and any written record. Timing proximity between your filing and the adverse action is relevant evidence.
What is the difference between TTD and SEB benefits in Louisiana?
Temporary Total Disability (TTD) under La. R.S. 23:1221(1) pays when you cannot work at all. The benefit is 66.67% of your average weekly wage. Supplemental Earnings Benefits (SEB) under La. R.S. 23:1221(3) apply when you can work but cannot earn what you earned before. SEB pays 66.67% of the difference between your pre-injury AWW and your post-injury earning capacity. For example: if your pre-injury AWW was $900 and you can now earn $600, the gap is $300, and SEB pays 66.67% of $300, which is $200 per week. The insurer frequently disputes the post-injury earning capacity number and uses vocational experts to argue it is higher than it is.
How does the workers compensation lien affect my third-party lawsuit?
Under La. R.S. 23:1101, your workers compensation carrier has a lien against any third-party tort recovery. The carrier must be reimbursed for the medical and indemnity benefits it paid from your third-party settlement or judgment. The lien amount is negotiable in some circumstances. The lien is applied before you receive your share. Your attorney on the third-party claim is responsible for notifying the workers comp carrier and accounting for the lien in the settlement. If the lien is not addressed, the carrier can sue to recover directly from the proceeds.
Do I have to prove my employer was negligent to get workers compensation benefits in Louisiana?
No. Negligence is not a required element of a Louisiana workers compensation claim. The system is no-fault. You prove that the injury occurred, that it arose out of and in the course of your employment, and that you reported it on time. Your employer's negligence is irrelevant to workers comp entitlement. Negligence becomes relevant only if you also have a third-party claim, where you must prove the third party was at fault.
Can I choose my own doctor for a work injury in Shreveport?
Your initial choice of treating physician is controlled by your employer or insurer under La. R.S. 23:1121. You are entitled to one change of treating physician, but only to a physician within the same field of specialty. Changes outside that scope require employer consent or an OWC order. If you are unhappy with the approved physician, you can request a second opinion and document your concerns in writing. Disputes over medical treatment are filed with the OWC via Form 1009. The physician dispute is one of the most common sources of benefit delays in Caddo Parish workers comp cases.

Last updated June 17, 2026