Filing A Third-party Lawsuit Besides Your Worker’s Compensation Claim In Louisiana 

Louisiana’s workers’ compensation system facilitates a relatively smooth process to help injured workers claim much-needed compensation for medical expenses and lost wages after a workplace injury.

Louisiana law requires that employers provide workers’ compensation benefits for any employee who suffered injuries on the job.

Louisiana workers’ compensation laws allow almost all workers injured in the scope and course of employment to collect benefits, regardless of whether the employer or the worker was responsible.

In most work-related injury cases in Louisiana, an employee’s only option is to file a workers’ compensation claim to recover losses from medical bills or missed wages. However, monetary relief from workers’ compensation cannot cover damages arising from medical expenses and the loss of a career when a worker suffers a life-altering catastrophic injury. 

Workers’ compensation provides much-needed relief when a worker has a temporary injury and needs time to heal. However, if the worker suffers a permanently debilitating injury, there’s little a worker can do once benefits run out. 

After you have suffered work-related injuries, you must report them to your employer. Every company will have procedures for reporting an occupational accident. All employees must report a job accident within thirty days of the incident. When you fail to do so, then you could lose all your financial benefits.

Louisiana laws require employers to keep their workers safe. A lawsuit can be possible when employers act negligently, causing severe harm to their employees.

Employees in Louisiana cannot sue their employer for work-related injuries. You can only sue an employer for a work injury in Louisiana when you can prove that their negligence caused your injuries.

Filing a personal injury may compensate you better than workers’ comp. 

It’s not enough that your employer was merely negligent. You must demonstrate that there was deliberate intent to harm or that actions or inactions were so reckless that harm was almost inevitable. 

In most cases, serious injuries are the result of employer negligence.

In many cases, a third party may be responsible. 

Common Workplace Injuries in Virginia

While workplace injuries can vary in severity and type depending on the circumstances of the accident, the more common workplace injuries in the Pelican State include:

Injuries From Construction Accidents

Some common types of construction accidents are slips and falls, transportation accidents (forklift accidents or accidents involving trucks on construction sites), exposure to harmful substances and fumes, scaffolding accidents, poorly maintained or defective equipment, improper training, and objects or debris falling on workers. These accidents cause injuries that include: 

· Traumatic brain injuries

· Spinal cord injuries

· Back injuries from heavy lifting

· Limb loss

· Broken bones

· Crushed body parts

· Significant burns from explosions

Injuries From Service Industry Accidents

· Burns

· Lacerations

· Soft tissue injuries

Injuries From Office-setting Accidents

· Repetitive stress injuries

· Carpal tunnel syndrome

· Herniated discs

· Slip and fall accidents

· Neck injuries

Workers’ Compensation Limits In Louisiana

In Louisiana, from September 2023, the maximum compensation you can receive under Louisiana workers’ compensation is $816 a week. The average weekly wage is now $1088.07. You can visit the Louisiana Workforce Commission to view the updated figures. 

The most significant benefit of workers’ compensation for workers is that even if they injure themselves or others, even by mistake, they have a right to relief.  

Third-party Lawsuits

Employees are often eligible for worker’s compensation benefits after a workplace accident, but these benefits only cover a worker’s income losses and injury costs.

At Bart Bernard Injury Lawyers, our Louisiana workers’ compensation lawyers always carefully review work injury cases to determine whether third-party liability is possible.

When workers suffer injuries because of the negligence of another individual or entity unrelated to their employers, injured workers may also have a case against those parties. These types of claims, separate from workers’ compensation cases, are known as third-party claims.

The advantage of filing a third-party lawsuit is that it enables a victim to recover damages for the accident’s total costs, even if workers’ compensation has covered some of these costs. 

Here are some of the most common situations in which our Louisiana work injury lawyers at Bart Bernard Injury Lawyers have found third parties liable for workplace accidents and injuries:

Motor vehicle accidents

If you were driving and were on the job during your car accident, you may be able to file a personal injury lawsuit against the at-fault driver and a workers’ compensation claim with your employer.

Construction Site Accidents

Third-party liability in a construction accident arises when a third party other than the injured worker or the employer is responsible for the injuries or some of the injuries sustained by the injured worker. The most common third parties responsible for construction accidents are: 

· Construction site owners.

· Contractors and subcontractors.

· Engineers

· Architects

· Equipment manufacturers.

Defective Products

If a worker sustains an injury due to a construction accident where a faulty tool or defective equipment was the cause or one of the causes, then that worker may pursue a claim against the manufacturer of that device under the theory of product liability. Defective devices and equipment include scaffolds, lifts, ladders, safety harnesses, and other safety equipment.

Liability of property owners

Property owners can sometimes be held liable for accidents on their property, and the victim may pursue a claim under premise liability. The plaintiff must establish the following elements:

· The defendant owned, leased, or was in control and charge of the property. 

· The defendant was negligent in the maintenance of the property.

· The plaintiff suffered injuries.

Third-party claims are personal injury lawsuits that the civil courts handle. In such cases, injured workers have the burden of proof. Workers must prove their case by a “preponderance of the evidence,” which means that the evidence must show that the defendant’s negligence caused the plaintiff’s injuries and losses.

Injured at Work? Discover Your Compensation Options with The Legal Experts At Bart Bernard Injury Lawyers

At Bart Bernard Injury Lawyers, our personal injury lawyers have extensive knowledge and experience handling work injury cases, particularly third-party claims. They will meticulously review your workplace accident case and help determine if you may also have a viable case against a negligent third party to help maximize your recovery.

For over twenty-five years, Louisiana personal injury and worker’s comp attorney Bart Bernard has helped Louisiana workers hurt on the job receive wage loss benefits, medical expenses, and fair settlements from Lafayette to Baton Rouge and New Orleans to Kenner and everywhere in between.

First, report your injury to your employer, then contact Bart Bernard Injury Lawyers. 

With our Louisiana personal injury law firm, you will not have to take on this challenging legal battle alone.

Contact us today for your free case evaluation.