On this page
- Workers’ Compensation in Louisiana
- When You May Have a Claim Beyond Workers’ Comp
- Construction and Industrial Accidents
- Work-Related Vehicle Accidents
- How Workers’ Comp and a Third-Party Claim Interact
- Deadlines
- What to Do After a Workplace Injury
- Frequently Asked Questions
- Talk With a Louisiana Workplace Injury Lawyer
In Louisiana, workers’ compensation is generally the exclusive remedy against your employer. But when someone other than your employer caused or contributed to the injury, such as a negligent driver, a subcontractor, a property owner, or the manufacturer of defective equipment, you may also have a third-party personal injury claim that can include damages workers’ compensation does not pay.
Jacqueline Scott & Associates helps injured workers in Shreveport, Bossier City and throughout Louisiana understand every source of recovery that may be available to them.
Call (318) 746-5997.
Make ’Em Pay.
Workers’ Compensation in Louisiana
Louisiana workers’ compensation is a no-fault system. If you are injured in the course and scope of your employment, you may be entitled to benefits whether or not anyone was negligent.
Benefits may include:
- reasonable and necessary medical treatment;
- wage (indemnity) benefits while you are unable to work;
- supplemental earnings benefits if you return to work earning less; and
- benefits for permanent impairment in some cases.
Workers’ compensation does not pay for pain and suffering, mental anguish or loss of enjoyment of life, and wage benefits are usually only a portion of your regular pay.
When You May Have a Claim Beyond Workers’ Comp
Louisiana law generally prevents an injured worker from suing the employer in tort, except in limited situations such as an intentional act. It does not prevent claims against other parties.
Third-party claims can arise when you are hurt by:
- another driver while you are driving for work;
- a subcontractor or other contractor on a shared jobsite;
- a property owner or premises operator where you were sent to work;
- defective tools, machinery, ladders or safety equipment;
- a trucking company or delivery vehicle at a loading dock or plant; or
- an explosion, fire or chemical release caused by another company’s equipment or procedures.
A third-party claim may allow you to seek full tort damages, including pain and suffering and the full value of lost earnings, in addition to workers’ compensation benefits.
Construction and Industrial Accidents
Construction sites, plants, refineries and industrial facilities often involve several companies working in the same space. When something goes wrong, responsibility may be shared among:
- the general contractor;
- subcontractors;
- the facility owner or operator;
- equipment rental companies;
- equipment and product manufacturers; and
- maintenance or inspection contractors.
Common accidents include falls from heights, scaffolding and ladder failures, trench collapses, struck-by and caught-between accidents, crane accidents, electrocution, burns and explosions.
Work-Related Vehicle Accidents
If you were driving for work and another driver caused the crash, you may have both a workers’ compensation claim and a claim against the at-fault driver and that driver’s insurer. If a company vehicle caused your crash, see our guide to being hit by a company vehicle in Louisiana.
How Workers’ Comp and a Third-Party Claim Interact
When a third-party claim succeeds, the employer or its workers’ compensation insurer may have a right to be reimbursed for benefits it paid, or a credit against future benefits. Louisiana law also has notice requirements that apply when an injured worker files a third-party suit.
Handling both claims together, with those rules in mind, helps protect the net recovery.
Deadlines
Workers’ compensation claims and personal injury claims have different deadlines. A workers’ compensation claim for benefits is generally subject to a shorter period than the general two-year period for many Louisiana personal injury claims, and there are separate requirements for reporting the injury to your employer.
Report the injury promptly and have the deadlines reviewed as early as possible.
What to Do After a Workplace Injury
- Report the injury to your employer as soon as possible and keep a copy of any report.
- Get medical treatment and tell the provider the injury happened at work.
- Write down the names of witnesses and any outside companies or contractors present.
- Photograph the scene, equipment and your injuries when it is safe to do so.
- Keep pay stubs and records of time missed from work.
- Be careful about recorded statements to any insurance company.
Frequently Asked Questions
Can I sue my employer for a workplace injury in Louisiana?
Usually not. Workers’ compensation is generally the exclusive remedy against an employer, with limited exceptions such as intentional acts. You may still have claims against other parties who contributed to the injury.
What is a third-party claim?
It is a personal injury claim against someone other than your employer, such as a negligent driver, contractor, property owner or equipment manufacturer.
Can I get workers’ comp and still bring a third-party claim?
In many cases, yes. The employer or its insurer may have reimbursement or credit rights, which should be accounted for in the third-party claim.
Does workers’ comp pay for pain and suffering?
No. Pain and suffering and other general damages may be available in a third-party claim, but not through workers’ compensation.
Talk With a Louisiana Workplace Injury Lawyer
If you were seriously hurt at work, call Jacqueline Scott & Associates at (318) 746-5997 for a free consultation about every claim that may be available to you.
Make ’Em Pay.
Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This page provides general educational information and is not legal advice.
This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.
