Workers' comp claim denied in Louisiana: what to do next

Your employer's insurer, not the state, usually decides first. If they deny or delay, the free help listed here can explain your options.

Checked against official sources: October 31, 2026.

Deadlines are strict. If you are near one, call the state agency or free help today.

If your claim is denied or delayed in Louisiana

Who decides

Workers' compensation judges of the Office of Workers' Compensation Administration (OWCA), at district offices

First step

First contact your employer or its insurer. If you cannot solve the problem, either side can ask for a free mediation conference with an OWCA mediator (a licensed attorney), before or after a disputed claim is filed. Asking for mediation does not stop the deadline to file. To have a judge decide, file a Disputed Claim for Compensation at the OWCA district office.

Source: Form 1008

Form

Disputed Workers' Compensation Claim (Form LWC-WC 1008)

Deadline

There is no separate deadline to contest a denial; the Form 1008 must be filed within the claim deadlines: 1 year from the accident, or 1 year from the last weekly payment (3 years for supplemental earnings benefits), and for medical benefits 1 year from the accident or 3 years from the last medical payment.

Medical disagreements

Your doctor asks the insurer to approve treatment on Form 1010, and the insurer must answer within 5 business days. If treatment is denied under the state's medical treatment guidelines, you or your doctor can appeal to the OWCA Medical Director on Form 1009 (Disputed Claim for Medical Treatment) within 15 calendar days of the denial, with the Form 1010, the denial and the medical records. The Medical Director decides within 30 days. To challenge that decision, file Form 1008 with the district office within 45 days after it is mailed. If doctors disagree about your condition or ability to work, OWCA can appoint an independent medical examiner.

Source: Form 1015

Appealing the decision

Appeal from a workers' compensation judge's final judgment to the Louisiana Circuit Court of Appeal for the district.

If you disagree with the Notice of Payment, fill out its Notice of Disagreement part and return it to the employer or insurer (or send a letter of amicable demand). The payor has 7 days to provide the benefit.
Ask for a mediation conference with an OWCA mediator if you want to try to settle the dispute informally.
File a Disputed Claim for Compensation at the OWCA district office of proper venue, with the $50 filing fee plus service fees, or ask the judge for permission to proceed without paying costs in advance.
The employer or insurer has 15 days after service to answer. The judge may order mediation, then holds a pretrial conference and a trial on the merits.
If you disagree with the judge's decision, you can appeal to the state Circuit Court of Appeal.

Law: La. R.S. 23:1121(B), 23:1203.1(J)-(K), 23:1209, 23:1310, 23:1310.3

Source: laworks.net

Sources

The official sources for Louisiana are listed on the Louisiana page.

National rules that may also matter

Not covered by state workers' comp?

These federal programs and laws cover some groups of workers instead of, or in addition to, state workers' compensation. If one of them may apply to you, check its rules and deadlines too. They are different from your state's.

Federal Employees' Compensation Act (FECA): Civilian employees of the federal government, including Postal Service employees. Official page

Longshore and Harbor Workers' Compensation Act (Longshore Act): Maritime workers such as longshore workers, harbor workers, ship repairers, shipbuilders and ship-breakers, hurt on navigable waters of the United States or on an adjoining pier, wharf, dry dock, terminal or other area used to load, unload, repair or build ships. Some groups are excluded. Official page
Longshore maximum and minimum for October 1, 2026 to September 30, 2027 (fiscal year 2027): maximum $2,163.92 a week, minimum $540.98 a week.

Law: 33 U.S.C. 906(b); DOL Longshore NAWW table

Defense Base Act: Civilian employees working outside the United States on U.S. military bases or under a contract with the U.S. government for public works or national defense. Claims are handled by the Longshore program. Official page

Federal Black Lung Program: Coal miners who are totally disabled by black lung disease (pneumoconiosis) from coal mine work, and survivors of miners whose deaths were caused by it. Official page

Energy Employees Occupational Illness Compensation Program: Current or former employees of the U.S. Department of Energy and its contractors and subcontractors, and certain uranium miners, millers and ore transporters, who became ill from toxic exposures such as radiation, beryllium or silica at covered work sites, and their survivors. The program is set up by the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). Official page

Railroad workers (Federal Employers' Liability Act): Employees of railroads in interstate commerce. Instead of a workers' compensation claim, a federal law lets an injured railroad worker sue the railroad for damages caused by its negligence.

Seamen (Jones Act): A seaman injured in the course of employment may bring a lawsuit against the employer, with the right to a jury trial, under the same federal rules that apply to railroad workers.

National help

Your state workers' compensation agency answers questions about claims. Many have a free help line, an ombudsman or information officers for injured workers.

The Legal Services Corporation funds 129 nonprofit legal aid organizations in every state, D.C. and the territories. Enter your address on its website to find one near you. You can also look up legal information and free forms at LawHelp.org. Whether a local program handles workers' compensation cases varies.

LawHelp.org