Have you been fired after making a claim for worker’s compensation? You might have a claim for retaliatory discharge. Under Louisiana Revised Statute 23:1361, an employer may not fire a worker for bringing a workers compensation claim. Under the statute, an employer that engages in this retaliatory action is subject to a tort suit for wrongful termination, with recovery in the amount of not more than one year’s salary, plus attorney’s fees and court costs.
The resulting legal action is one in employment law, and not governed by the workers compensation statutes. Therefore, the claim should be brought in district court. Sampson v. Wendy’s Management Inc., 593 So.2d 336 (La. 1992).
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