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La. Rev. Stat. § 23:1226 (2026)

Rehabilitation of injured employees

✓ current as of May 2026
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§1226. Rehabilitation of injured employees

A. When an employee has suffered an injury covered by this Chapter which precludes the employee from earning wages equal to wages earned prior to the injury, the employee shall be entitled to prompt rehabilitation services. Vocational rehabilitation services shall be provided by a licensed professional vocational rehabilitation counselor, and all such services provided shall be compliant with the Code of Professional Ethics for Licensed Rehabilitation Counselors as established by R.S. 37:3441 et seq.

B.(1) The goal of rehabilitation services is to return a worker with a disability to work, with a minimum of retraining, as soon as possible after an injury occurs. The first appropriate option among the following must be chosen for the worker:

(a) Return to the same position.

(b) Return to a modified position.

(c) Return to a related occupation suited to the claimant's education and marketable skills.

(d) On-the-job training.

(e) Short-term retraining program (less than twenty-six weeks).

(f) Long-term retraining program (more than twenty-six weeks but not more than one year).

(g) Self-employment.

(2) Whenever possible, employment in a worker's local job pool must be considered and selected prior to consideration of employment in a worker's statewide job pool.

(3)(a) The employer shall be responsible for the selection of a licensed professional vocational rehabilitation counselor to evaluate and assist the employee in his job placement or vocational training. Should the employer refuse to provide these services, or a dispute arises concerning the work of the vocational counselor, the employee may file a claim with the office to review the need for such services or the quality of services being provided. The employee shall have a right to an expedited summary proceeding pursuant to R.S. 23:1201.1(K)(8). The workers' compensation judge shall set a hearing date within three days of receiving the motion. The hearing shall be held not less than ten, nor more than thirty days, after the employer or payor receives notice, delivered by certified or registered mail, of the employee's motion. The workers' compensation judge shall provide notice of the hearing date to the employer and payor at the same time and in the same manner that notice of the hearing date is provided to the employee or his attorney. For the purposes of this Section, an employee shall not be required to submit the dispute on the issue of vocational services to mediation or go through a pretrial conference before obtaining a hearing. The hearing shall be conducted as a rule to show cause.

(b) An employee shall have no right of action against a vocational counselor for tort damages related to the performance of vocational services unless and until he has exhausted the administrative remedy provided for in Subparagraph (a) of this Paragraph. The running of prescription shall be suspended during the pendency of the administrative proceedings provided for in this Paragraph.

(c)  Upon refusal by the employee, the employer or payor may reduce weekly compensation, including supplemental earnings benefits pursuant to R.S. 23:1221(3), by fifty percent for each week of the period of refusal. Reduction of benefits by the employer or payor shall be made in accordance with the provisions of R.S. 23:1201.1(A) through (E).

C.(1) Rehabilitation services required for workers with disabilities may be initiated by:

(a) An insurer or self-insured employer by designating a rehabilitation provider and notifying the office.

(b) The office by requiring the insurer or self-insured employer to designate a rehabilitation provider.

(c) The employee, through a request to the office. The office shall then require the insurer to designate a rehabilitation provider.

(2) Rehabilitation services provided under this Part must be delivered through a rehabilitation counselor approved by the office.

D. Prior to the workers' compensation judge adjudicating an injured employee to be permanently and totally disabled, the workers' compensation judge shall determine whether there is reasonable probability that, with appropriate training or education, the injured employee may be rehabilitated to the extent that such employee can achieve suitable gainful employment and whether it is in the best interest of such individual to undertake such training or education.

E. When it appears that a retraining program is necessary and desirable to restore the injured employee to suitable gainful employment, the employee shall be entitled to a reasonable and proper retraining program for a period not to exceed twenty-six weeks, which period may be extended for an additional period not to exceed twenty-six additional weeks if such extended period is determined to be necessary and proper by the workers' compensation judge. However, no employer or insurer shall be precluded from continuing such retraining beyond such period on a voluntary basis. An injured employee must request and begin retraining within two years from the date of the termination of temporary total disability as determined by the treating physician. If a retraining program requires residence at or near the facility or institution and away from the employee's customary residence, reasonable cost of board, lodging, or travel shall be borne by the employer or insurer. A retraining program shall be performed at facilities within the state when such facilities are available.

F. Temporary disability benefits paid pursuant to R.S. 23:1221(1) shall include such period as may be reasonably required for training in the use of artificial members and appliances and shall include such period as the employee may be receiving training or education under a retraining program pursuant to this Section.

G. The permanency of the employee's total disability under R.S. 23:1221(2) cannot be established, determined, or adjudicated while the employee is employed pursuant to an on-the-job training or a retraining program as provided in Subsections B and E of this Section.

Acts 1983, 1st Ex. Sess., No. 1, §1, eff. July 1, 1983; Acts 1988, No. 938, §1, eff. July 1, 1989; Acts 1989, No. 23, §1, eff. June 15, 1989; Acts 1989, No. 260, §1, eff. Jan. 1, 1990; Acts 1989, No. 454, §6, eff. Jan. 1, 1990; Acts 1997, No. 88, §1, eff. June 11, 1997; Acts 2003, No. 980, §1; Acts 2004, No. 341, §1, eff. June 18, 2004; Acts 2005, No. 257, §1; Acts 2013, No. 337, §1, eff. August 1, 2013; Acts 2014, No. 811, §12, eff. June 23, 2014.

Notes of Decisions
Cited in 238 cases (4 in the last 5 years), 1983–2025 · leading case: Fontenot v. Reddell Vidrine Water Dist., 836 So. 2d 14 (La. 2003).
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Fontenot v. Reddell Vidrine Water Dist., 836 So. 2d 14 (La. 2003). · cites it 15× “R.S. 23:1226 is different from the right to supplemental earnings benefits under.”
Hargrave v. State, 100 So. 3d 786 (La. 2012). · cites it 28× “(B) That you agree not to question my client as to any facts other than those facts necessary to provide vocational rehabilitation under LSA R.S. 23:1226. (C) That I will be simultaneously copied on all documents sent to anyone concerning my client.”
Freeman v. Poulan/Weed Eater, 630 So. 2d 733 (La. 1994). · cites it 7× “For the same reasons set out for plaintiff's failure to prove her inability to earn 90% of her wages, the court found that plaintiff had also failed to prove that she could not earn wages equal to her pre-injury wages and, as a result, was not entitled to rehabilitation benefits…”
Mendoza v. Leon's Plumbing Co., 892 So. 2d 600 (La. Ct. App. 2004). · cites it 21× “R.S. 23:1226, the defendants-appellants, Leon’s Plumbing and Federated Mutual Insurance Company, retained GENEX Services, Inc.”
Banks v. Indus. Roofing & Sheet Metal, 696 So. 2d 551 (La. 1997). · cites it 4× “" [2] The hearing officer also ruled that Banks was entitled to further rehabilitation services in accordance with LSA-RS 23:1226, but denied Banks' claims for attorney fees and penalties.”
City of Crowley v. Comeaux, 638 So. 2d 658 (La. Ct. App. 1994). · cites it 15× “Our review of the evidence yields no rational basis for the conclusion reached by the hearing officer that Comeaux was permanently totally disabled; nonetheless, we reverse solely on grounds that the hearing officer failed to consider whether claimant could be rehabilitated in…”
Walker v. High Tech Refractory Servs., 885 So. 2d 1185 (La. Ct. App. 2004). · cites it 7× “The employer's duty to furnish a compensation claimant rehabilitation services is found in LSA-R.S. 23:1226. When an employee has suffered an injury covered by the workers' compensation law which precludes the employee from earning wages equal to wages earned prior to the…”
Hargrave v. State, 80 So. 3d 1198 (La. Ct. App. 2011). · cites it 16× “In response, Hargrave demanded the following conditions precedent to his accepting rehabilitation services: (A) That meetings be held at my office at Hargrave's attorney's office; (B) That Diaz agree not to question Hargrave "as to any facts other than those facts necessary to…”
Batiste v. Capitol Home Health, 699 So. 2d 395 (La. Ct. App. 1997). · cites it 9× “R.S. 23:1226 provides in pertinent part: 1226.”
Noveh v. Broadway, Inc., 673 So. 2d 349 (La. Ct. App. 1996). · cites it 16× “R.S. 23:1226 An employee is entitled to rehabilitation services when he has suffered an injury compensable under the Workers' Compensation Law which precludes him from earning wages equal to wages earned prior to his injury.”
Interiano v. Fernando Pastrana Const., 887 So. 2d 547 (La. Ct. App. 2004). · cites it 8× “On that same date, FPC also filed a "Motion to Reduce Benefits for Failure to Cooperate with Vocational Rehabilitation," pursuant to LSA-R.S. 23:1226. On November 10, 2003, Interiano filed an opposition memorandum, asserting that the vocational counselor, Dawn Paradis, refused…”
Romero v. Grey Wolf Drilling Co., 594 So. 2d 1008 (La. Ct. App. 1992). · cites it 6× “R.S. 23:1226, Cigna provided vocational rehabilitation services to the plaintiff through Intracorp, a Cigna `sister' corporation, from November 21, 1988, until March 1, 1989, at which time the services were terminated.”
Show all 238 citing cases →
La. Rev. Stat. § 23:1226(3)(a): 1 case
Carmouche v. Kraft Foods, Inc., 62 So. 3d 889 (La. Ct. App. 2011).
La. Rev. Stat. § 23:1226(A): 53 cases
Hargrave v. State, 100 So. 3d 786 (La. 2012). “(B) That you agree not to question my client as to any facts other than those facts necessary to provide vocational rehabilitation under LSA R.S. 23:1226. (C) That I will be simultaneously copied on all documents sent to anyone concerning my client.”
Banks v. Indus. Roofing & Sheet Metal, 696 So. 2d 551 (La. 1997). “" [2] The hearing officer also ruled that Banks was entitled to further rehabilitation services in accordance with LSA-RS 23:1226, but denied Banks' claims for attorney fees and penalties.”
Fontenot v. Reddell Vidrine Water Dist., 836 So. 2d 14 (La. 2003). “R.S. 23:1226 is different from the right to supplemental earnings benefits under.”
Walker v. High Tech Refractory Servs., 885 So. 2d 1185 (La. Ct. App. 2004). “The employer's duty to furnish a compensation claimant rehabilitation services is found in LSA-R.S. 23:1226. When an employee has suffered an injury covered by the workers' compensation law which precludes the employee from earning wages equal to wages earned prior to the…”
Freeman v. Poulan/Weed Eater, 630 So. 2d 733 (La. 1994). “For the same reasons set out for plaintiff's failure to prove her inability to earn 90% of her wages, the court found that plaintiff had also failed to prove that she could not earn wages equal to her pre-injury wages and, as a result, was not entitled to rehabilitation benefits…”
La. Rev. Stat. § 23:1226(A)(B): 1 case
Hagan v. LSU Med. Ctr., 681 So. 2d 971 (La. Ct. App. 1996).
La. Rev. Stat. § 23:1226(B): 4 cases
Frazier v. Conagra, Inc., 552 So. 2d 536 (La. Ct. App. 1989).
Noveh v. Broadway, Inc., 673 So. 2d 349 (La. Ct. App. 1996). “R.S. 23:1226 An employee is entitled to rehabilitation services when he has suffered an injury compensable under the Workers' Compensation Law which precludes him from earning wages equal to wages earned prior to his injury.”
Madden v. Lemle & Kelleher, LLP, 6 So. 3d 247 (La. Ct. App. 2009).
George v. Broadmoor Constr., 692 So. 2d 22 (La. Ct. App. 1997).
La. Rev. Stat. § 23:1226(B)(1): 15 cases
Fontenot v. Reddell Vidrine Water Dist., 836 So. 2d 14 (La. 2003). “R.S. 23:1226 is different from the right to supplemental earnings benefits under.”
Noveh v. Broadway, Inc., 673 So. 2d 349 (La. Ct. App. 1996). “R.S. 23:1226 An employee is entitled to rehabilitation services when he has suffered an injury compensable under the Workers' Compensation Law which precludes him from earning wages equal to wages earned prior to his injury.”
Banks v. Indus. Roofing & Sheet Metal, 696 So. 2d 551 (La. 1997). “" [2] The hearing officer also ruled that Banks was entitled to further rehabilitation services in accordance with LSA-RS 23:1226, but denied Banks' claims for attorney fees and penalties.”
Freeman v. Poulan/Weed Eater, 630 So. 2d 733 (La. 1994). “For the same reasons set out for plaintiff's failure to prove her inability to earn 90% of her wages, the court found that plaintiff had also failed to prove that she could not earn wages equal to her pre-injury wages and, as a result, was not entitled to rehabilitation benefits…”
Walker v. High Tech Refractory Servs., 885 So. 2d 1185 (La. Ct. App. 2004). “The employer's duty to furnish a compensation claimant rehabilitation services is found in LSA-R.S. 23:1226. When an employee has suffered an injury covered by the workers' compensation law which precludes the employee from earning wages equal to wages earned prior to the…”
La. Rev. Stat. § 23:1226(B)(1)(2): 1 case
Livings v. Langston Companies, 685 So. 2d 405 (La. Ct. App. 1996).
La. Rev. Stat. § 23:1226(B)(1)(b): 1 case
City of Jennings v. Dequeant, 704 So. 2d 264 (La. Ct. App. 1997).
La. Rev. Stat. § 23:1226(B)(1)(e): 1 case
City of Crowley v. Comeaux, 638 So. 2d 658 (La. Ct. App. 1994). “Our review of the evidence yields no rational basis for the conclusion reached by the hearing officer that Comeaux was permanently totally disabled; nonetheless, we reverse solely on grounds that the hearing officer failed to consider whether claimant could be rehabilitated in…”
La. Rev. Stat. § 23:1226(B)(1)(f): 1 case
Bigner v. LSU Med. Ctr., 658 So. 2d 218 (La. Ct. App. 1995).
La. Rev. Stat. § 23:1226(B)(2): 4 cases
Fontenot v. Reddell Vidrine Water Dist., 836 So. 2d 14 (La. 2003). “R.S. 23:1226 is different from the right to supplemental earnings benefits under.”
Fassitt v. Jefferson Par. Hosp. Serv., 974 So. 2d 757 (La. Ct. App. 2007).
Short v. Allen Johnson Builders, Inc., 847 So. 2d 690 (La. Ct. App. 2003).
Haynes v. Williams Fence & Aluminum, 854 So. 2d 969 (La. Ct. App. 2003).
La. Rev. Stat. § 23:1226(B)(3): 9 cases
Fontenot v. Reddell Vidrine Water Dist., 836 So. 2d 14 (La. 2003). “R.S. 23:1226 is different from the right to supplemental earnings benefits under.”
Batiste v. Capitol Home Health, 699 So. 2d 395 (La. Ct. App. 1997). “R.S. 23:1226 provides in pertinent part: 1226.”
Hargrave v. State, 100 So. 3d 786 (La. 2012). “(B) That you agree not to question my client as to any facts other than those facts necessary to provide vocational rehabilitation under LSA R.S. 23:1226. (C) That I will be simultaneously copied on all documents sent to anyone concerning my client.”
Haynes v. Williams Fence & Aluminum, 851 So. 2d 917 (La. 2003).
Maxie v. Brown Indus., Inc., 657 So. 2d 443 (La. Ct. App. 1995).
La. Rev. Stat. § 23:1226(B)(3)(a): 14 cases
Hargrave v. State, 100 So. 3d 786 (La. 2012). “(B) That you agree not to question my client as to any facts other than those facts necessary to provide vocational rehabilitation under LSA R.S. 23:1226. (C) That I will be simultaneously copied on all documents sent to anyone concerning my client.”
Baker v. Harrah's, 190 So. 3d 379 (La. Ct. App. 2016).
Interiano v. Fernando Pastrana Const., 887 So. 2d 547 (La. Ct. App. 2004). “On that same date, FPC also filed a "Motion to Reduce Benefits for Failure to Cooperate with Vocational Rehabilitation," pursuant to LSA-R.S. 23:1226. On November 10, 2003, Interiano filed an opposition memorandum, asserting that the vocational counselor, Dawn Paradis, refused…”
Mendoza v. Leon's Plumbing Co., 892 So. 2d 600 (La. Ct. App. 2004). “R.S. 23:1226, the defendants-appellants, Leon’s Plumbing and Federated Mutual Insurance Company, retained GENEX Services, Inc.”
Chapman v. Coushatta Tribe of Louisiana, 128 So. 3d 1022 (La. Ct. App. 2013).
La. Rev. Stat. § 23:1226(B)(3)(c): 8 cases
Lewis v. Temple Inland, 80 So. 3d 52 (La. Ct. App. 2011).
Madden v. Lemle & Kelleher, LLP, 6 So. 3d 247 (La. Ct. App. 2009).
Frith v. Riverwood, Inc., 878 So. 2d 595 (La. Ct. App. 2004).
Gasway v. Cellxion, Inc., 31 So. 3d 566 (La. Ct. App. 2010).
Thompson v. City of New Orleans, 933 So. 2d 207 (La. Ct. App. 2006).
La. Rev. Stat. § 23:1226(B)(3)(e): 2 cases
Luquette v. Clayborn Self, 929 So. 2d 817 (La. Ct. App. 2006).
Willis Knighton Health Sys. v. Sims, 169 So. 3d 801 (La. Ct. App. 2015).
La. Rev. Stat. § 23:1226(B)(l)(b): 1 case
Smirnov v. Alexandria Coca-Cola Bottling Co., 663 So. 2d 227 (La. Ct. App. 1995).
La. Rev. Stat. § 23:1226(C): 4 cases
Batiste v. Capitol Home Health, 699 So. 2d 395 (La. Ct. App. 1997). “R.S. 23:1226 provides in pertinent part: 1226.”
Livings v. Langston Companies, 685 So. 2d 405 (La. Ct. App. 1996).
DeMoss v. A & M Wood Co., 550 So. 2d 720 (La. Ct. App. 1989).
Banes v. Am. Mut. Liab. Ins. Co., 544 So. 2d 700 (La. Ct. App. 1989).
La. Rev. Stat. § 23:1226(C)(1)(a): 1 case
Rideaux v. Franklin Nursing Home, 664 So. 2d 750 (La. Ct. App. 1995).
La. Rev. Stat. § 23:1226(D): 30 cases
Brown v. a M Logging, 76 So. 3d 486 (La. Ct. App. 2011).
Odom v. Kinder Nursing Home, 956 So. 2d 128 (La. Ct. App. 2007).
Franklin v. Pizza Hut, Inc., 572 So. 2d 685 (La. Ct. App. 1990).
Warren v. H & W Steel Erectors Inc., 569 So. 2d 178 (La. Ct. App. 1990).
Federated Rural Elec. v. Simmons, 568 So. 2d 644 (La. Ct. App. 1990).
La. Rev. Stat. § 23:1226(E): 33 cases
Fontenot v. Reddell Vidrine Water Dist., 836 So. 2d 14 (La. 2003). “R.S. 23:1226 is different from the right to supplemental earnings benefits under.”
City of Jennings v. Clay, 719 So. 2d 1164 (La. Ct. App. 1998).
Banks v. Indus. Roofing & Sheet Metal, 696 So. 2d 551 (La. 1997). “" [2] The hearing officer also ruled that Banks was entitled to further rehabilitation services in accordance with LSA-RS 23:1226, but denied Banks' claims for attorney fees and penalties.”
Walker v. High Tech Refractory Servs., 885 So. 2d 1185 (La. Ct. App. 2004). “The employer's duty to furnish a compensation claimant rehabilitation services is found in LSA-R.S. 23:1226. When an employee has suffered an injury covered by the workers' compensation law which precludes the employee from earning wages equal to wages earned prior to the…”
Mendoza v. Leon's Plumbing Co., 892 So. 2d 600 (La. Ct. App. 2004). “R.S. 23:1226, the defendants-appellants, Leon’s Plumbing and Federated Mutual Insurance Company, retained GENEX Services, Inc.”
La. Rev. Stat. § 23:1226(F): 14 cases
Miller v. Byles Welding & Tractor Co., 676 So. 2d 665 (La. Ct. App. 1996).
Maxie v. Brown Indus., Inc., 657 So. 2d 443 (La. Ct. App. 1995).
Willingham v. Employers Ins. of Wausau, 560 So. 2d 481 (La. Ct. App. 1990).
Bernard v. O'Leary Bros. Signs, Inc., 606 So. 2d 1331 (La. Ct. App. 1992).
Pool v. GN Batteries, Inc., 480 So. 2d 898 (La. Ct. App. 1985).
La. Rev. Stat. § 23:1226(G): 6 cases
Comeaux v. City of Crowley, 793 So. 2d 1215 (La. 2001).
France v. a & M WOOD CO., 566 So. 2d 106 (La. Ct. App. 1990).
Willingham v. Employers Ins. of Wausau, 560 So. 2d 481 (La. Ct. App. 1990).
Cloud v. Cajun Contractors & Engineers, 517 So. 2d 1010 (La. Ct. App. 1987).
Champagne v. Roclan Sys., Inc., 984 So. 2d 808 (La. Ct. App. 2008).
La. Rev. Stat. § 23:1226(c): 1 case
Hebert v. Shelton, 11 So. 3d 1197 (La. Ct. App. 2009).
La. Rev. Stat. § 23:1226(e): 1 case
Davillier v. TMSEL, 718 So. 2d 600 (La. Ct. App. 1998).
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