Louisiana Workplace Accident Lawyer
Injuries in the workplace are often some of the most serious injuries people can face. While some workplace injuries may involve only minor bumps and bruises, moderate injuries like broken bones are possible on many job sites. At more dangerous job sites, brain injuries, spinal cord injuries, and death are unfortunately common.
If you were injured in a workplace accident, call an attorney right away. There may be Workers’ Compensation requirements that you have to follow that could limit your right to sue and the compensation you receive. However, exceptions may allow you to file lawsuits in certain cases and get additional compensation.
For help with your case, call (225) 269-8930 for a free case review with the Louisiana workplace accident lawyers at Rice, Murtha & Psoras. Act now because there may be strict deadlines on your case.
Suing for Workplace Injuries in Louisiana
In Louisiana, Workers’ Compensation is the “exclusive remedy” for many workplace injuries. This sounds intimidating, but it may not be a bad thing. When you use this system, you may be entitled to medical expenses and ongoing lost wages at a certain percentage of your typical wages, all without having to prove who was at fault for your injuries. In return, you are blocked from being able to sue your employer – but there are a few ways you can still sue for a workplace injury.
In many cases, workplace injuries are caused by some third party instead of your employer. If someone other than your employer was at fault in the first place, the restrictions against suing your employer will not affect your case against the other party. Some examples of permitted third-party claims involve the following:
- Lawsuits against the manufacturers of defective safety equipment or tools
- Lawsuits against negligent drivers for injured truckers and commercial drivers
- Claims against third-party property owners for fires, slip and falls, and structure collapses
There is also an exception to the exclusive remedy rule that occurs when you are intentionally injured by your employer. Assault usually is not usually covered by Workers’ Compensation, and you can sue for some cases of workplace violence.
Independent contractors are not usually covered by Workers’ Compensation, and many contractors are entitled to sue their client for injuries at work. Since independent contractors have no “employer,” the restrictions against suing an employer will not affect these cases.
If you are properly classified as an independent contractor, you may be entitled to sue the company/client you were working for for their negligence. However, there are some exceptions and important rules that might make you classified as an employee anyway. Generally speaking, any “manual labor” makes you ineligible for independent contractor status, and there are rules about when this classification applies and does not apply. Talk to a Louisiana workplace injury lawyer for more information on how this affects your right to sue.
Common Examples of Workplace Injuries in Louisiana
Workers can face all sorts of injuries on the job. Many injuries are mild, such as minor burns, strains, sprains, and minor cuts and scrapes. However, accidents could result in more serious injuries. the following are all common examples of workplace injuries that our Louisiana workplace injury attorneys may be able to help you with:
Electrical burns and chemical burns, as well as burns from heat, can all leave victims with serious injuries. Many burn injuries occur because of unsafe chemical exposure or faulty appliances or equipment in the workplace. Many of these injuries can entitle those injured workers to sue third parties, such as negligent equipment manufacturers, for their injuries.
One of the most serious injuries you can face working with heavy machinery is amputation. If unsafe or defective machinery catches you with its moving parts, its automatic fail-safes might not kick in. These injuries could allow lawsuits against the manufacturer.
If you are a commercial driver or you often move from site to site for work, you could be injured while driving or riding in a vehicle. Transportation accidents account for a high percentage of workplace accidents. Lawsuits for these injuries can often be filed against negligent drivers and transportation companies (e.g., the trucking company of the commercial driver who hit you).
Lifting and Carrying Injuries
Back injuries from lifting and carrying are some of the most common injuries people face at work. These injuries could lay you up for days while you recover and potentially keep you from being able to lift or carry things for the next few months – or even permanently. However, many of these cases do not have the grounds for a lawsuit and must be filed through Workers’ Compensation instead. Talk to a Louisiana workplace injury attorney for more details.
Slip and Falls/Premises Liability Injuries
Many injuries at work could be caused by unsafe premises. If your worksite is not a traditional workplace and you visit stores or other sites as part of your job, the safety of those areas is usually the responsibility of that site’s owner or operator. If you were injured on their property while trying to do your job, you may be able to file a Workers’ Compensation claim against your employer, but you could be entitled to sue the property owner at that location instead. Your Louisiana workplace injury attorney can help you determine the best course of action.
Call Our Louisiana Workplace Injury Lawyers for Help
If you were hurt in a workplace accident, reach out to Rice, Murtha & Psoras today for help. Call (225) 269-8930 to get started with a free case evaluation from our experienced Louisiana workplace injury lawyers.