I was Injured on the Job in Louisiana, Does My Employer Have to Keep My Job for When I Return? Two Scenarios Explain the Potential Impacts of Workplace Injuries on Job Stability
When a Louisiana worker is injured on the job, they may wonder what their employer’s obligations are when it comes to keeping them employed and their job available for when they return to work. One of the biggest fears that an injured worker often has when it comes to a workplace injury is that it will impact their ability to maintain employment and financial stability. In order to help Louisiana workers better understand their rights when it comes to a workplace injury, we provide two hypothetical scenarios involving an injured Louisiana worker. One scenario relates to the issue of retaliation after applying for workers’ compensation benefits and the other demonstrates an employer’s obligations regarding job stability after an employee is injured on the job.
Scenario 1: Injured and Applied for Workers’ Compensation Benefits – Can My Employer Retaliate Against Me?
Joe Smith (a hypothetical worker) works at a food processing plant. One day he is seriously injured when a machine arm accidentally detaches and falls on his foot, crushing it. Joe’s foot injury requires surgery and he is unable to work on the processing line at his regular job. He applies for worker’s compensation benefits with the Louisiana state agency. However, his boss is angry that he is out of work and terminates his employment because of it. Is this lawful? The answer is probably not. Under Louisiana workers’ compensation laws, an employer cannot lawfully retaliate against an employee for applying for workers’ compensation benefits. Therefore, Joe’s boss would likely be violating Louisiana laws if he terminates Joe for his work injury and for applying for workers’ compensation benefits.
Scenario 2: I am on Workers’ Compensation Benefits Due to a Workplace Injury – Is My Employer Required to Keep My Job for Me?
Imagine now that Joe Smith was granted workers’ compensation benefits and is near to recovering from his foot injury at home. He wants to return to his regular job, but finds out that his boss has recently hired someone into his position, as the company needed workers. Joe Smith now has no job to return to. Did Joe Smith’s employer violate Louisiana workers’ compensation laws when it did not keep Joe’s job open for his return? The answer is, perhaps surprisingly, probably not. In Louisiana, an employer is not required to keep an injured workers’ job open and available for them to return to when they have recovered. Therefore, Joe’s boss probably did not violate Louisiana workers’ compensation laws when he hired a new employee into Joe’s old position.
Legal Help for Injured Louisiana Workers
Of course, every case is unique and those who have been injured on the job and who are curious about their rights when it comes to Louisiana workers’ compensation should speak to an experienced Louisiana workers’ compensation lawyer. If you have questions about workers’ compensation benefits in Louisiana, contact the experienced Louisiana workers’ compensation lawyers at Lunsford Baskin & Priebe today for a free and confidential consultation.
