After a work injury, workers’ compensation is typically your first source of financial help, but it might not be the only one.
Whether you work at one of the petrochemical facilities along the Mississippi River, the Port of Greater Baton Rouge, or in the growing healthcare sector, you could be entitled to additional compensation if a third party played a role in your accident.
At Dudley DeBosier, we help injured workers in Baton Rouge identify all possible sources of recovery to fight for the full amount they deserve.
Third-Party Liability Claims vs. Workers’ Compensation
Workers’ compensation in Louisiana is a no-fault system that allows employees to receive certain benefits after a workplace injury. This means it doesn’t matter who caused the accident. Still, it has its limitations:
- Benefits are capped and may only cover a portion of your lost wages.
- Medical treatment is limited to what’s authorized under the system.
- You cannot pursue compensation for pain and suffering.
If you’re injured at work in Baton Rouge, and someone other than your employer may have caused or contributed to your accident, you may be able to seek compensation from them via a third-party liability claim. This is particularly relevant for workers in Baton Rouge’s industrial corridor, where multiple contractors, subcontractors, and equipment suppliers often work on the same sites.
This type of claim opens doors to benefits you can’t get with workers’ comp alone. For example, getting your full wages replaced instead of just a portion, additional medical care options, and even compensation for your pain and suffering.
Is a Third Party Responsible for Your Baton Rouge Work Accident?
Baton Rouge’s industrial landscape, including the ExxonMobil refinery, Dow Chemical facilities, and numerous construction projects throughout East Baton Rouge Parish, creates numerous scenarios where third-party liability may be a relevant factor.
A third-party liability claim allows workers to pursue damages from those responsible for their injuries, such as:
- Equipment and Product Manufacturers: If a piece of equipment malfunctions and causes an accident, the manufacturer may be liable.
- Parts Suppliers: Faulty components supplied to the employer can cause injury.
- Property Owners and Managers: If unsafe conditions on a property contribute to an accident, the property owner could be responsible.
- Maintenance Service Providers: Negligent maintenance can lead to dangerous conditions that cause injuries.
- Installation Companies: Improper installation of equipment or systems can lead to accidents.
- Consulting Firms: Poor advice or failure to address safety concerns could result in injury.
- Contractors and Subcontractors: If a contractor or subcontractor causes or contributes to an accident, they may be held liable.
- Commercial Drivers and Transportation Companies: They may be liable if a driver causes an accident while transporting goods or equipment to or from a job site. Given Baton Rouge’s position as a major transportation hub with Interstate 10 running through the city and the heavy truck traffic serving the industrial facilities, these accidents are unfortunately common.
- Private Vehicle Operators: An accident involving a vehicle on the job could lead to a third-party claim if the driver is at fault.
- Chemical and Material Suppliers: A third-party claim may be appropriate if hazardous materials are improperly supplied or stored, leading to an accident.
- Distributors and Wholesalers: In cases where a product or equipment is defective, the distributor or wholesaler may be liable.
Here’s an example of how a third-party claim scenario might look. A Baton Rouge warehouse worker at one of the distribution centers near the Port of Greater Baton Rouge suffers a spinal injury after a shelving unit collapses. The unit had been installed by a third-party contractor who failed to follow proper safety protocols.
While the worker receives workers’ compensation, they also pursue a third-party liability claim against the contractor for negligence. This allows them to seek additional damages for long-term care and lost earning capacity.
Getting Additional Compensation Through a Third-Party Claim
As noted above, a third-party liability claim allows workers an opportunity to recover damages that workers’ compensation does not cover. Some of the types of compensation available include:
Medical Expenses
- Surgeries, medication, and assistive devices (past and future)
- Ongoing treatments like physical therapy and rehab
- Specialized care not typically covered by workers’ compensation
Lost Income
- Full recovery of lost wages without statutory caps
- Loss of future earning capacity
- Lost benefits, bonuses, or promotion opportunities
Pain and Suffering
- Physical pain and chronic discomfort
- Emotional distress, PTSD, or anxiety
- Disfigurement, disability, or loss of quality of life
How Dudley DeBosier Can Assist with Your Third-Party Claim
Third-party liability claims can be complex. It’s crucial to have experienced attorneys on your side who can help identify the responsible parties and build a strong case. Our Baton Rouge office has extensive experience handling cases involving the unique industrial environment of the Capital Region, from petrochemical facilities to construction sites throughout East Baton Rouge Parish.
At Dudley DeBosier, we provide solid legal support by:
Identifying Responsible Parties
- Determining if your employer is solely responsible or if third parties are liable
- Investigating corporate structure, business relationships, contractor agreements, and insurance coverage
Establishing Causation
- Countering claims of pre-existing conditions
- Using medical experts to draw a clear connection between the third party’s actions and your injury
Building a Strong Case
- Collecting photographic or video evidence
- Interviewing eyewitnesses
- Reviewing prior incidents or violations
- Researching safety regulations and enlisting expert inspectors
After a Baton Rouge Workplace Accident, Contact Us
Dudley DeBosier has extensive experience in workers’ compensation. We understand how to handle these cases to maximize your compensation.
Our deep knowledge of Louisiana’s industrial landscape and the specific challenges facing workers in the Baton Rouge area gives us a unique advantage in pursuing third-party claims. Our fee is contingent on the outcome, and we’ll never charge you upfront for our services. That way, you can focus on healing from your injuries.
If you’ve been hurt on the job and believe a third party may be liable, reach out today. We’re ready to fight for the compensation you deserve.
