Like the other states, Louisiana requires employers to arrange to pay their employees workers’ compensation benefits.
The idea behind workers’ compensation is to make sure workers get the proper care and support they need from their employers after they get hurt or sick because of their jobs.
The law involves a tradeoff. Workers get their medical bills and a good portion of their lost wages paid even if they have some role in their illness or injury. In turn, they may not sue their employers for an injury.
Practically, this means that a worker cannot recover noneconomic losses like pain and suffering or emotional distress from their employers.
To summarize, when it comes to receiving compensation from one’s employer for a job-related injury or illness, workers’ compensation is usually the limit.
An injured worker may be able to sue other responsible parties
The good news is that, besides their employers, workers in the Baton Rouge area may be able to sue others responsible for their workplace accident. This is called filing a third-party liability claim.
A common example of a third-party liability claim is when someone is driving for work and gets hit by a negligent driver. The injured worker may sue the negligent driver for their role in the accident.
Third-party liability claims are often options after an accident at a construction site. Most sites have several different subcontractors and other interested parties involved. If someone other than the worker’s employer contributes to an accident, the injured worker might have a claim against them.
In third-party liability cases, injured workers may recover noneconomic losses as well as any lost wages or out-of-pocket expenses that workers’ compensation does not pay.