Baton Rouge, LA Construction Accident Lawyer
Construction workers do important, dangerous work. When negligence on a job site causes an accident that results in injuries, victims are often unsure of where to turn for their compensation. While Workers’ Compensation insurance may be the most immediate option, there may be an alternative (and better) path to recovery through a lawsuit.
While injured workers generally cannot file a lawsuit against their employer, they may sue a negligent third party. They may also be able to file a lawsuit against a construction company if they were working as an independent contractor rather than as an employee. Lawsuits provide compensation for the more personal, non-economic damages that Workers’ Compensation claims do not.
If you are curious about your ability to file a lawsuit after you were injured on a construction site in Baton Rouge, you do not have long to wait. Reach out to the Baton Rouge construction accident lawyers at Rice, Murtha & Psoras today to get your free initial case assessment. Call our offices at (225) 269-8930 to find out more.
Suing for a Baton Rouge Construction Accident
Lawsuits are not available for every construction accident injury, even those caused by negligence. This is because Louisiana law makes Workers’ Compensation insurance benefits the exclusive remedy for construction worker employees who are injured on the job. While you do not have to prove that your employer was negligent in order to obtain Workers’ Compensation benefits, the compensation you receive will only cover certain portions of losses you sustain in specific categories.
Therefore, where available, lawsuits are often the more lucrative path. There are a few common instances of construction accident that allow victims to step outside the “exclusive remedy” of Workers’ Compensation and instead pursue their case in court.
Non-Employee Injury Victims
The state rules directing injury victims to Workers’ Compensation claims only apply if the injured victim was an employee of the negligent management company. If you were merely passing through the area as a pedestrian and suffered injury due to management’s negligence, you can file a lawsuit against them. the same goes for individuals working on the site as independent contractors. Independent contractors are not technically “employees” under the law when properly classified. Instead, they are self-employed and do not benefit from Workers’ Compensation insurance, so their only method of recourse when injured on a job site is a lawsuit.
Third Party Liability
Not every accident on a construction site is caused by the management company. Management may contract with other entities to come in and do installation, repair, inspection, or maintenance of the construction site and equipment used on it. Property owners also owe some legal duties to workers doing construction on their site. If you believe that a third party may be responsible for negligently causing your accident, you should reach out to a Baton Rouge construction accident attorney.
Product liability cases also fall within third party liability, but are a little different. When a manufacturing company produces a tool or machine to be used on a construction site that is defective, they incur liability for any injuries that the defect might foreseeably cause. If you were injured by a piece of heavy machinery that wasn’t functioning as it should have, you may be able to sue the manufacturer directly for their own role in causing the injury.
Damages for a Construction Accident Injury Lawsuit in Baton Rouge
There are two reasons why injury victims should look to pursue a lawsuit instead of filing a Workers’ Compensation claim after a construction accident. the first is that compensation through a lawsuit is subject to pre-set limits, unlike those featured in Workers’ Compensation insurance policy language. the second is that lawsuits return damages for categories that Workers’ Compensation does not take into account.
Both a successful Workers’ Compensation claim and a personal injury lawsuit will recover compensation for the victim’s medical bills and missed time at work while recuperating from their injuries. Lawsuits, however, provide more compensation if the injury results in the long-term or permanent loss of the victim’s ability to perform the functions of their job or line of work.
Lawsuits also can provide compensation for harms that are not strictly financial in nature. These damages, called non-economic damages, are based on the victim’s personal pain and suffering. Many construction injury victims experience chronic pain and must devote a substantial amount of their own time and energy to rehabilitative therapy. This can have consequences on a person’s enjoyment of life, personal relationships, and even their daily ability to function as they had prior to the injury. These harms also commonly lead to the development of serious psychological conditions such as generalized anxiety disorder or post-traumatic stress disorder (PTSD). the only way to get compensation for these very real consequences of your injuries is through a construction accident injury lawsuit.
Statute of Limitations for Baton Rouge Construction Accident Injury Lawsuits
The Louisiana statute of limitations (the legal time limit on how long plaintiffs have to file their case) for personal injuries is one of the most restrictive in the country. If you hope to file a lawsuit to recover damages from your construction accident injuries in Baton Rouge, you must do so within one year of the date of the accident. Failure to do so will result in the dismissal of the case, regardless of how strong it may be.
This does not give you a lot of time to prepare. We urge you to reach out to one of our seasoned Baton Rouge construction accident injury attorneys as soon as possible so that we have enough time to thoroughly assess your options and make filings effectively and in time.
Our Baton Rouge Construction Accident Lawyers Can Answer Your Questions Today
To find out more about your potential injury lawsuit through a free initial case assessment, call the diligent Baton Rouge construction accident attorneys at Rice, Murtha & Psoras today at (225) 269-8930.