By the numbers, people spend more time on the job than they do with their families or doing the things that they enjoy. In Louisiana, a lot of those people work in plants, refineries, oilfields, and construction sites. While this work can be and indeed is fulfilling, it can also be quite dangerous. Because of this, Louisiana workplace accidents, unfortunately, happen far too often.
So what happens when somebody gets hurt on the job in Louisiana?
Explaining the Louisiana Workers’ Compensation Laws
1. Louisiana Workers’ Compensation Claim or a Lawsuit?
One of the first questions a Louisiana workers compensation lawyer is asked is whether a client can take the person who hurt them to court. The short answer is: it depends.
Generally speaking, the Lousiana worker’s compensation law protects a Louisiana employer from being sued. This law gives an injured work a workers’ comp claim but keeps them from being able to sue their employer for negligence, even if that negligence caused the injury. If an employee tries to sue his or her employer, the employer is entitled to immunity and the dismissal of the lawsuit.
However, there are some industries where employees can sue their employers. For example, if you are classified as a seaman, you can sue your employer under the Jones Act. Similarly, railroad workers are allowed to sue their employers under the Federal Employers Liability Act (also called “FELA”). These are small groups, so the typical rule is that an employer is immune from a lawsuit.
2. Are There Exceptions to the Louisiana Workers’ Compensation Law?
As an employer, an employee can bring a lawsuit if the employer’s intentional conduct caused his or her injuries. This does not only mean that the employer actual meant to hurt the employee. It can also say that the employer knew or should have known that the injury was substantially certain to occur. Click here to learn more about this exception.
In addition to the intentional act exception, the workers’ compensation immunity generally will not apply if the injury was caused by a third party (i.e., somebody who was not your employer). However, this is not guaranteed. The third-party could be deemed to be a “statutory employee” or “borrowed employee” of your employer. If this is the case, the third will get the same immunity that your employer would get under the Louisiana workers’ compensation law.
3. What Must Be Shown To Make A Louisiana Workers’ Comp Claim?
While not being able to bring a lawsuit can be frustrating to an injured employee. The right side of it is that the employee has a lower burden of proof. But what does that mean? It means that the employee does not have to prove that the employer was negligent or that the employee was free of negligence. Instead, the employer needs to show that he/she was working in the course and scope of employment and suffered an injury. It is much easier and much less expensive than a traditional negligence claim.
4. What Damages Can I Get for A Louisiana Workers’ Compensation Claim?
This claim is where the trade-off for the lower burden of proof occurs. Unlike a negligence claim, a Louisiana workers’ comp claim only allows for the recovery of a limited subset of damages. Correctly, an injured Louisiana worker can only recover 2/3 of his or her average weekly wages (up to a maximum) and payment of medical expenses and vocational rehabilitation expenses. Calculating the exact amount of your indemnity is complicated, so if you have questions about it, you should consult with a Louisiana workers’ compensation lawyer.
These limited damages are a far cry from the costs that recover in a personal injury case. For example, the injured party can also improve pain and suffering, loss of enjoyment of life, mental anguish, emotional distress, full lost wages, and the total cost of medical bills.
5. How Long Can I Get Workers’ Comp Wage Benefits?
You can get wage benefits for up to a maximum of ten years. Worker’s compensation is also different from a traditional personal injury case where you can claim lost wages for the remainder of your work life.
6. Why Might My Louisiana Workers’ Comp Claim Be Denied?
Several reasons could cause your Louisiana workers’ compensation claim to be denied. For example, if you are under the influence of drugs or alcohol at the time of the accident, your employer will likely deny your claim. This is why employers require injured employees to submit to drug and alcohol testing right after an accident.
Additionally, an employer may conclude that an employee had a pre-existing condition and deny the claim. In other words, the employer will argue that the injury the employee is seeking treatment for was not caused by a work accident, as it existed before the crash. It may also be that the injured employee was not working at the time the accident happened, which could, in turn, lead the employer to deny the claim. Lastly, an employer may refute a claim if the employee waits too long to pursue it.
7. Can I Settle My Louisiana Workers’ Compensation Claim?
Yes. You can always settle your workers’ comp claim. However, this does not necessarily mean that your employer will want to enter into a settlement with you. Your employer could always choose to continue paying your benefits. It is when it makes sense for an employer to finalize a workers’ comp claim that a settlement becomes possible.
Keep in mind that even though you can settle your workers’ comp claim, you will still need it to be approved by the court. To maximize your claim value, you should consult with a workers’ comp lawyer.
Contact a Louisiana Workers’ Compensation Lawyer
If you have been injured on the job, The Mahone Firm is here to help you with your case. Call (504) 564-7342 to discuss your claim with a New Orleans injury lawyer today. There is no charge for a telephone consultation.
