Does Louisiana Workers’ Comp Cover Me if I’m Hurt in Another State?

Workers’ compensation claims are governed by state laws. And each state’s workers’ compensation law is different.

Some states have laws more beneficial to companies. Other states have laws more beneficial to injured workers.

Usually, if you could file a claim in two different states because of your location when the injury happened, you can choose in which state to file for workers’ comp.

Compared to Texas and Mississippi, Louisiana workers’ compensation laws are more favorable to workers. So if a worker has the option of filing his or her claim in Louisiana, Texas, or Mississippi, the best choice is likely to apply for workers’ comp in Louisiana.

When Can I Apply for Workers’ Comp in Louisiana?

If you’re injured while working in the state of Louisiana, you can file your claim in Louisiana and take advantage of Louisiana’s workers’ compensation laws.

But even if you’re a Louisiana worker who’s in another state when you’re injured, you may still be allowed to file your claim in Louisiana under certain situations.

For example, if a company hires a worker, and that worker spends the majority of his or her time working in Louisiana, then the employment would be considered “principally localized” in Louisiana. That worker may file his or her claim in Louisiana, even if they were injured while working in another state.

Another exception applies when an injured worker was hired while he or she was physically present in Louisiana. Even if an employee works the majority of the time in another state—so their work isn’t “principally localized” in Louisiana—the worker could still file a claim in Louisiana as long as the worker was in Louisiana at the time of their hiring.

The courts are very flexible in determining whether an employee was hired in Louisiana. The simple act of completing an application in the state could be enough to satisfy this requirement even if the worker wasn’t actually hired at that time.

How to Start Your Louisiana Workers’ Comp Claim the Right Way

Starting a workers’ comp claim can be intimidating and confusing. Decisions you make at the beginning of your claim can have an immense effect on the success of your claim in the future. For this reason, it’s important to make the right decisions at the beginning.

Selecting in which state to file your claim in is one of these important early decisions. You can get help deciding what to do from an experienced workers’ compensation attorney.

At Workers’ Compensation, LLC, we’ve helped thousands of Louisiana workers get the kinds of benefits that can stabilize your life after an injury on the job. Contact us for a free evaluation of your situation.