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La. Rev. Stat. § 23:1032 (2026)

Exclusiveness of rights and remedies; employer's liability to prosecution under other laws

✓ current as of May 2026
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§1032. Exclusiveness of rights and remedies; employer's liability to prosecution under other laws

           A.(1)(a) Except for intentional acts provided for in Subsection B, the rights and remedies herein granted to an employee or his dependent on account of an injury, or compensable sickness or disease for which he is entitled to compensation under this Chapter, shall be exclusive of all other rights, remedies, and claims for damages, including but not limited to punitive or exemplary damages, unless such rights, remedies, and damages are created by a statute, whether now existing or created in the future, expressly establishing same as available to such employee, his personal representatives, dependents, or relations, as against his employer, or any principal or any officer, director, stockholder, partner, or employee of such employer or principal, for said injury, or compensable sickness or disease.

           (b) This exclusive remedy is exclusive of all claims, including any claims that might arise against his employer, or any principal or any officer, director, stockholder, partner, or employee of such employer or principal under any dual capacity theory or doctrine.

           (2) For purposes of this Section, the word "principal" shall be defined as any person who undertakes to execute any work which is a part of his trade, business, or occupation in which he was engaged at the time of the injury, or which he had contracted to perform and contracts with any person for the execution thereof.

           B. Nothing in this Chapter shall affect the liability of the employer, or any officer, director, stockholder, partner, or employee of such employer or principal to a fine or penalty under any other statute or the liability, civil or criminal, resulting from an intentional act.

           C. The immunity from civil liability provided by this Section shall not extend to:

           (1) Any officer, director, stockholder, partner, or employee of such employer or principal who is not engaged at the time of the injury in the normal course and scope of his employment; and

           (2) To the liability of any partner in a partnership which has been formed for the purpose of evading any of the provisions of this Section.

           Amended by Acts 1976, No. 147, §1; Acts 1989, No. 454, §2, eff. Jan. 1, 1990; Acts 1995, No. 432, §1, eff. June 17, 1995.

Notes of Decisions
Cited in 1,417 cases (105 in the last 5 years), 1952–2026 · leading case: Walls v. Am. Optical Corp., 740 So. 2d 1262 (La. 1999).
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Walls v. Am. Optical Corp., 740 So. 2d 1262 (La. 1999). · cites it 26× “R.S. 23:1032 as amended in 1976, which extends tort immunity to executive officers, bars a wrongful death action against the executive officers and their liability insurer when the decedent's occupational exposures occurred entirely before the statute was amended, but his death…”
Stelly v. Overhead Door Co. of BR, 646 So. 2d 905 (La. 1994). · cites it 21× “[1] The issue in this tort action is whether an employee injured at work by a defective condition of the building is prohibited by LSA-R.S. 23:1032 [2] from maintaining an unintentional tort action against his employer when the employer contractually assumed the building owner's…”
Allen v. Exhibition Hall Auth., 842 So. 2d 373 (La. 2003). · cites it 10× “Finding no basis for the imposition of a temporal requirement in either the language or the purpose of LSA-R.S. 23:1032 and 23:1061, we reverse the decision of the court of appeal and reinstate the judgment of the district court granting summary judgment in favor of defendant,…”
Abadie v. Metro. Life Ins. Co., 784 So. 2d 46 (La. Ct. App. 2001). · cites it 12× “Louisiana Workers' Compensation Law, specifically LSA-R.S. 23:1032, was amended, effective Oct.”
Champagne v. Am. Alt. Ins. Corp., 112 So. 3d 179 (La. 2013). · cites it 21× “R.S. 23:1032. After a hearing, the trial court denied the defendants’ motion for summary judgment.”
Deshotel v. Guichard Operating Co., Inc., 916 So. 2d 72 (La. 2004). · cites it 16× “R.S. 23:1032, La. R.S. 23:1231, and La. R.”
Adams v. JE Merit Const., Inc., 712 So. 2d 88 (La. 1998). · cites it 22× “R.S. 23:1032 A, provided as follows: Section 1032.”
Fulmer v. State, Dep't of Wildlife & Fisheries, 68 So. 3d 499 (La. 2011). · cites it 15× “R.S. 23:1032 et seq.). For the reasons that follow, we find Louisiana has waived its sovereign immunity from suit for injury to persons and the legislature has not limited that waiver concerning suits by state employees under the Jones Act.”
Cole v. Dep't of Pub. Saf., 825 So. 2d 1134 (La. 2002). · cites it 6× “R.S. 23:1032, which provides immunity from civil liability in favor of an employer.”
Prejean v. Maint. Enter., Inc., 8 So. 3d 766 (La. Ct. App. 2009). · cites it 12× “:1032(A)(2), undertakes to execute any work, which is part of his trade, business, or occupation and contracts with any person, in this Section referred to as the "contractor," for the execution by or under the contractor of the whole or any part of the work undertaken by the…”
St. Angelo v. United Scaffolding, Inc./X-Serv., Inc., 40 So. 3d 365 (La. Ct. App. 2010). · cites it 16× “Under the Louisiana Workers' Compensation Act, La.Rev. Stat. § 23:1032, an employee injured in an accident while in the course and scope of his employment is generally limited to the recovery of workers' compensation benefits as his exclusive remedy against his employer and may…”
Armstead v. Schwegmann Giant Super Markets, Inc., 618 So. 2d 1140 (La. Ct. App. 1993). · cites it 12× “La. Rev.Stat.Ann. § 23:1032 (West Supp.1992).”
Show all 1,417 citing cases →
La. Rev. Stat. § 23:1032(2): 2 cases
Allen v. Exhibition Hall Auth., 842 So. 2d 373 (La. 2003). “Finding no basis for the imposition of a temporal requirement in either the language or the purpose of LSA-R.S. 23:1032 and 23:1061, we reverse the decision of the court of appeal and reinstate the judgment of the district court granting summary judgment in favor of defendant,…”
Allen v. State ex rel. Ernest N. Morial-New Orleans Exhibition Hall Auth., 814 So. 2d 644 (La. Ct. App. 2002).
La. Rev. Stat. § 23:1032(A): 66 cases
Frank v. Shell Oil Co., 828 F. Supp. 2d 835 (E.D. La. 2011).
Adams v. JE Merit Const., Inc., 712 So. 2d 88 (La. 1998). “R.S. 23:1032 A, provided as follows: Section 1032.”
Deshotel v. Guichard Operating Co., Inc., 916 So. 2d 72 (La. 2004). “R.S. 23:1032, La. R.S. 23:1231, and La. R.”
Hoerner v. ANCO Insulations, Inc., 812 So. 2d 45 (La. Ct. App. 2002).
Glasgow v. Par Minerals Corp., 70 So. 3d 765 (La. 2011).
La. Rev. Stat. § 23:1032(A)(1): 7 cases
Trent v. PPG Indus., Inc., 865 So. 2d 1041 (La. Ct. App. 2004).
Campbell v. Lockheed Shipbuilding Corp., 61 P.3d 1160 (Wash. Ct. App. 2002).
Hamilton v. City of Natchitoches, 903 So. 2d 1247 (La. Ct. App. 2005).
Rider v. Pool Offshore Co., 987 F. Supp. 943 (E.D. La. 1997).
Williams v. Shaw Grp., Inc., 21 So. 3d 992 (La. Ct. App. 2009).
La. Rev. Stat. § 23:1032(A)(1)(A): 1 case
Million v. Exxon Mobil Corp., No. 3:17-cv-00060 (M.D. La. July 16, 2019).
La. Rev. Stat. § 23:1032(A)(1)(a): 49 cases
Billiot v. BP Oil Co., 645 So. 2d 604 (La. 1994).
Adams v. JE Merit Const., Inc., 712 So. 2d 88 (La. 1998). “R.S. 23:1032 A, provided as follows: Section 1032.”
Champagne v. Am. Alt. Ins. Corp., 112 So. 3d 179 (La. 2013). “R.S. 23:1032. After a hearing, the trial court denied the defendants’ motion for summary judgment.”
Fulmer v. State, Dep't of Wildlife & Fisheries, 68 So. 3d 499 (La. 2011). “R.S. 23:1032 et seq.). For the reasons that follow, we find Louisiana has waived its sovereign immunity from suit for injury to persons and the legislature has not limited that waiver concerning suits by state employees under the Jones Act.”
Jorge-Chavelas v. La. Farm Bureau Cas. Ins. Co., 307 F. Supp. 3d 535 (M.D. La. 2018).
La. Rev. Stat. § 23:1032(A)(1)(b): 7 cases
Wright v. State, 639 So. 2d 258 (La. 1994).
Scott v. Pontchartrain Materials Corp., 717 So. 2d 682 (La. Ct. App. 1998).
Berard v. Lemoine Co., LLC, 169 So. 3d 839 (La. Ct. App. 2015).
LeBlanc v. Cont'l Grain Co., Inc., 672 So. 2d 951 (La. Ct. App. 1996).
Bates v. King, 915 So. 2d 1037 (La. Ct. App. 2005).
La. Rev. Stat. § 23:1032(A)(2): 47 cases
St. Angelo v. United Scaffolding, Inc./X-Serv., Inc., 40 So. 3d 365 (La. Ct. App. 2010). “Under the Louisiana Workers' Compensation Act, La.Rev. Stat. § 23:1032, an employee injured in an accident while in the course and scope of his employment is generally limited to the recovery of workers' compensation benefits as his exclusive remedy against his employer and may…”
Daigle v. McGee Backhoe & Dozer Serv., 16 So. 3d 4 (La. Ct. App. 2009).
Prejean v. Maint. Enter., Inc., 8 So. 3d 766 (La. Ct. App. 2009). “:1032(A)(2), undertakes to execute any work, which is part of his trade, business, or occupation and contracts with any person, in this Section referred to as the "contractor," for the execution by or under the contractor of the whole or any part of the work undertaken by the…”
Everett v. Rubicon, Inc., 938 So. 2d 1032 (La. Ct. App. 2006).
Ernest v. Petroleum Serv. Corp., 868 So. 2d 96 (La. Ct. App. 2003).
La. Rev. Stat. § 23:1032(A)(l)(a): 17 cases
Fulmer v. State, Dep't of Wildlife & Fisheries, 68 So. 3d 499 (La. 2011). “R.S. 23:1032 et seq.). For the reasons that follow, we find Louisiana has waived its sovereign immunity from suit for injury to persons and the legislature has not limited that waiver concerning suits by state employees under the Jones Act.”
Champagne v. Am. Alt. Ins. Corp., 112 So. 3d 179 (La. 2013). “R.S. 23:1032. After a hearing, the trial court denied the defendants’ motion for summary judgment.”
Hilliard v. Par., 991 F. Supp. 2d 769 (E.D. La. 2014).
Brown v. Pennzoil-Quaker State Co., 175 S.W.3d 431 (Tex. App.—Houston [1st Dist.] 2005).
Grant v. Sneed, 155 So. 3d 61 (La. Ct. App. 2014).
La. Rev. Stat. § 23:1032(A)(l)(b): 5 cases
Hughes Wood Prods., Inc. v. Wagner, 18 S.W.3d 202 (Tex. 2000).
Broussard v. Lafayette City-Par. Consol. Gov't, 45 F. Supp. 3d 553 (W.D. La. 2014).
Marceaux v. Lafayette City-Par. Consol. Gov't, 921 F. Supp. 2d 605 (W.D. La. 2013).
Claudio v. Silla Cooling Sys., 55 So. 3d 902 (La. Ct. App. 2010).
Allen v. State ex rel. Ernest N. Morial-New Orleans Exhibition Hall Auth., 814 So. 2d 644 (La. Ct. App. 2002).
La. Rev. Stat. § 23:1032(B): 127 cases
Carrier v. Grey Wolf Drilling Co., 776 So. 2d 439 (La. 2001).
Cole v. Dep't of Pub. Saf., 825 So. 2d 1134 (La. 2002). “R.S. 23:1032, which provides immunity from civil liability in favor of an employer.”
Zimko v. Am. Cyanamid, 905 So. 2d 465 (La. Ct. App. 2005).
Bridges v. Carl E. Woodward, Inc., 663 So. 2d 458 (La. Ct. App. 1995).
Gagnard v. Baldridge, 612 So. 2d 732 (La. 1993).
La. Rev. Stat. § 23:1032(C): 3 cases
Moreno v. Entergy Corp., 105 So. 3d 40 (La. 2012).
Hebert v. Clarendon Am. Ins. Co., 984 So. 2d 952 (La. Ct. App. 2008).
Bates v. King, 915 So. 2d 1037 (La. Ct. App. 2005).
La. Rev. Stat. § 23:1032(C)(1): 1 case
Scott v. Pontchartrain Materials Corp., 717 So. 2d 682 (La. Ct. App. 1998).
La. Rev. Stat. § 23:1032(F): 1 case
Maschek v. Cartemps USA, 896 So. 2d 1189 (La. Ct. App. 2005).
La. Rev. Stat. § 23:1032(a): 1 case
Miller v. Upper Iowa Univ., No. 1:19-cv-00039 (W.D. La. Feb. 21, 2020).
La. Rev. Stat. § 23:1032(b): 8 cases
Cardwell v. New Orleans Pub. Serv. Inc., 683 So. 2d 888 (La. Ct. App. 1996).
Million v. Exxon Mobil Corp., No. 3:17-cv-00060 (M.D. La. July 16, 2019).
Johnson v. Packaging Corp. of Am., No. 3:18-cv-00613 (M.D. La. July 28, 2021).
Walker v. Apple Studios Louisiana, LLC, No. 3:23-cv-00168 (M.D. La. Jan. 30, 2024).
Moore v. Circle K Stores, Inc., No. 3:23-cv-00312 (M.D. La. Aug. 21, 2024).
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