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★ Louisiana · workplace

Workplace settlements
in Louisiana.

By 6 min read

Louisiana applies pure comparative negligence and substantially extended its personal-injury limitation period from one year to two by Act 423 of 2024. For workplace claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Louisiana's pure comparative negligence and any applicable statutory cap.

Louisiana applies pure comparative negligence, which means a workplace claimant who is partly responsible for their own injury still recovers — the award is reduced by the percentage of fault attributed to them, but never barred. This is materially more claimant-friendly than the modified or contributory rules in neighbouring jurisdictions, and it shows up in workplace settlements where comparative fault is contested (the claimant who failed to mitigate, the unbelted occupant, the worker who departed from a safety protocol).

Workplace injuries in Louisiana run on a parallel track to general tort recovery: workers' compensation is the primary remedy against the employer, with third-party tort claims (against a contractor, equipment manufacturer, or non-employer driver) layered on top. Louisiana's caps (medical malpractice cap) apply to the third-party tort track only, and the workers' compensation insurer typically holds a subrogation right against any tort recovery.

★ LA · statute of limitations
1 year (la prescription) — extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024

La. Civ. Code art. 3492 (legacy) / Act 423 (2024)

★ LA · fault rule
Pure comparative negligence

Pure comparative negligence under Louisiana Civil Code Article 2323. Recovery available at any percentage of fault.

★ LA · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Louisiana.

★ workplace · neighbouring jurisdictions

Compare to neighbours.

How Louisiana's fault rule and limitation period compare to other US jurisdictions for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Louisiana · you are herePure comparative negligence1 year (la prescription) — extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024—
AlabamaPure contributory negligence2 years from date of injuryAL · workplace →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · workplace
ArizonaPure comparative negligence2 years from date of injuryAZ · workplace →
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · workplace →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · workplace →
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · workplace →
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · workplace →
DelawareModified comparative — 51% bar2 years from date of injuryDE · workplace
District of ColumbiaPure contributory negligence3 years from date of injuryDC · workplace →
FloridaModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · workplace →
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · workplace →
HawaiiModified comparative — 51% bar2 years from date of injuryHI · workplace
★ LA · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ all of LA
Louisiana overview

Fault rule, statute, caps, and key facts for Louisiana as a whole.

★ federal frame
Workplace in United States

Workplace band structure and severity tiers at the US level.

★ all 15 countries
Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Louisiana's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Louisiana. See /methodology, /sources, and /disclaimer.