Louisiana pays injured workers two thirds of their wages, capped at 75% of the state average weekly wage. Suing the employer is possible only for an intentional act, and the Supreme Court has read that exception narrowly.
Facts that decide a workplace claim in Louisiana
Temporary total disability
Sixty six and two thirds percent of wages during the disability; not payable while the worker is in any employment.La. R.S. 23:1221(1)
Maximum and minimum
The weekly maximum is 75% of the state average weekly wage and the minimum for total disability 20% of it, reset each year.La. R.S. 23:1202(A)
Suing the employer
Allowed only for an intentional act, meaning the employer desired the result or knew it was substantially certain to follow.Batiste v. Bayou Steel (La. 2010)
Two years from the day the injury is sustained. Before July 2024 the period was one year, so older claims may already be barred.La. C.C. art. 3493.1 (Act 423 of 2024)
Kelvin Batiste had installed electrodes on a steel furnace about 4,600 times over fourteen years. In 2004 his wrench slipped and he fell thirty five feet. His family argued the fall was substantially certain and so fell within the intentional act exception. The Supreme Court held it was not and granted the employer summary judgment, leaving workers’ compensation as his remedy.
★ LA · workplace · in practice
What changes the number here.
What actually moves a workplace settlement in Louisiana.
1
Dangerous work is not an intentional act. Batiste shows that even a task with a thirty five foot fall risk, repeated thousands of times, does not let a worker sue the employer.
2
Look for third parties. Equipment makers, contractors and property owners can be sued in tort, though the amended art. 2323 lets the jury assign fault to the employer as well.
3
The benefit is two thirds of wages up to the state maximum, so higher earners should check the current Workforce Commission figure for the date of injury.
★ 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
Modified comparative, 51% bar
Modified comparative negligence under Louisiana Civil Code Article 2323 as amended by Acts 2025, No. 15: for claims arising on or after January 1, 2026, a claimant 51% or more at fault recovers nothing. Claims arising before that date keep the old pure comparative rule.
★ LA · caps
What caps recovery.
Statutory caps that may bear on a workplace settlement in Louisiana.
Medical malpractice cap
Med-mal claims
$500,000 total (Patient's Compensation Fund)
La. R.S. § 40:1231.2
★ workplace · same region & fault regime
Compare to like jurisdictions.
How Louisiana's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.
Jurisdiction
Fault rule
Limitation
Workplace page
Louisiana · you are here
Modified comparative, 51% bar
1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024
Each answer is independently coherent and references the relevant statute or authority document.
How much does Louisiana workers’ comp pay?
Two thirds of your wages under R.S. 23:1221, subject to a weekly maximum of 75% of the state average weekly wage (R.S. 23:1202).
Can I sue my employer for a work injury in Louisiana?
Only for an intentional act. In Batiste v. Bayou Steel (2010) a thirty five foot fall did not qualify.
How long do I have to sue a third party for a work injury?
Two years for injuries on or after 1 July 2024 under La. C.C. art. 3493.1.
What is the statute of limitations for workplace claims in Louisiana?
1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024. Source: La. Civ. Code art. 3492 (legacy) / Act 423 (2024). Filing after the period expires generally bars the claim absent a tolling exception.
Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Louisiana. See /methodology, /sources, and /disclaimer.
