Louisiana Construction Accident Lawyer
Construction workers face a variety of risks on the job. If you or a loved one was injured at a job site, you might be entitled to compensation. However, the process for receiving damages might be complicated, and you should always seek help from an attorney when pursuing a claim.
Many construction workers in Louisiana are supposed to file through Workers’ Compensation. While this system blocks certain damages, you can make a claim without having to prove fault. However, many construction injuries can be resolved with a lawsuit instead, potentially leading to higher compensation.
Contact our Louisiana construction accident lawyers for help with your case. At Rice, Murtha & Psoras, we offer free case reviews. Call today at (225) 269-8930 to get started.
Suing for a Construction Accident in Louisiana
Many construction workers are employees of construction firms or general contractors. Employees generally cannot sue their employer for compensation and are instead required to file through Workers’ Compensation as the “sole remedy” for damages for a work injury. This program does not require you to prove fault before receiving compensation, but it only pays damages for medical expenses and a certain portion of lost wages. Damages for pain and suffering can only be claimed through a lawsuit – which is an option in many situations.
Despite the fact that Workers’ Compensation is known as the “sole remedy” for work injuries, many cases can be filed as lawsuits instead. the only restriction for these cases is that you cannot sue your employer. This means that many independent contractors (if properly classified as independent contractors) are not bound by these rules. Additionally, you can typically sue a third-party defendant other than your employer.
The following accidents may allow you to file a lawsuit to seek additional damages after your injuries:
- Injuries caused by another contractor instead of your employer or coworkers (e.g., an electrician who forgot to warn workers that they turned the power back on)
- Car accidents involving roadside construction crews
- Injuries from negligent marking of buried power or gas lines
- Injuries from defective safety gear (e.g., scaffolding, respirators, cut-proof gloves)
- Injuries from defective safety features on power tools or machinery (e.g., auto shut-off features, warning signals, surge protection)
In any case where you are unsure about how to proceed, contact a Louisiana construction accident lawyer right away.
Damages for Injured Construction Workers in Louisiana
If you are hurt and unable to return to work right away, you and your family could face medical bills and other expenses at home that are difficult to pay. There is no reason you should be pushed into bankruptcy or financial hardship because of an accident that was not your fault. Our Louisiana construction injury lawyers can analyze your case and see what damages you could be entitled to.
Many construction injury victims are entitled to damages for both the economic and non-economic harms they face when they file a lawsuit. the core economic damages you can claim in many construction injury cases involve the following:
- Hospital bills
- Medical expenses for follow-up care
- Medication and medical device costs (e.g., painkillers, crutches)
- Physical therapy, rehabilitation, and occupational therapy costs
- Home nursing care costs
- Household expenses brought on by the injuries
- Childcare costs brought on by the injuries
- Medical transportation
- Lost wages
- Lost earning capacity
In addition, you can claim damages for many non-economic damages. Although these damages do not have bills or financial statements attached, you may be entitled to claim monetary damages for the following:
- Physical pain
- Mental suffering
- Emotional distress
- Mental anguish
- Feelings of loss
- Feelings of shame
- Fear of future injury
- Post-traumatic stress symptoms
Your Louisiana construction accident lawyers can also walk you through the specifics of what happened in your case and claim damages specific to those details. For example, a construction worker with a stay-at-home spouse might not need additional damages for childcare, but a single parent who is too injured to care for their kids might need to pay for a nanny to help during their recovery.
There may also be additional damages your spouse can claim for “loss of consortium.” This includes damages for lost spousal benefits and potentially other lost benefits, such as lost services around the house.
When to Contact a Louisiana Construction Accident Lawyer
If you were injured at a construction site, you should contact a Louisiana construction accident attorney right away. If you need to take time to recover from your injuries, certainly take the time to do that first. However, Workers’ Compensation claims are often initiated quickly, evidence of the accident is cleaned up, and witnesses begin to forget what happened. To secure your right to file a lawsuit for your injuries, you and your attorney will need to act quickly.
If you can call a lawyer in the days immediately following your injuries, that will put you in the best position to be able to pursue your claims quickly. Waiting can make it harder to collect viable evidence and witness statements. Waiting too long can prevent your claim entirely.
In Louisiana, injury victims have only 1 year to file many types of injury claims, according to Louisiana Civil Code § 3492. This is a very short statute of limitations/liberative prescription compared to other states, which usually give victims 2-3 years. Your case needs to be filed within this time limit or else the claim can be thrown out. Your Louisiana construction accident lawyers will need time to build your case before filing, meaning that you should contact a lawyer well before this 1-year filing deadline expires.
Call Our Louisiana Construction Accident Attorneys Today
If you or a loved one faced injuries in a construction accident, call (225) 269-8930 for a free case review. the Louisiana construction accident attorneys at Rice, Murtha & Psoras are available to provide the help that injured construction workers and their families need after a serious injury.
