After a work injury, you reported your accident to your employer like you’re supposed to, and did everything right. Now the checks are coming in, but they barely cover the bills.
Meanwhile, you’re in constant pain, struggling to sleep, and missing out on the parts of life that used to make you happy due to your injury. The worst part? None of that suffering is compensated under Louisiana workers’ compensation.
Here’s why, and what you can do about it.
What Workers’ Comp Covers in Louisiana, and What It Doesn’t
Workers’ compensation laws were created more than a century ago as a compromise between workers and employers. Before these laws existed, injured workers often had only one option: sue their employer in District Court. Lawsuits were expensive, time-consuming, and uncertain.
States, including Louisiana, created a no-fault system to protect both workers and employers. Under this system, workers don’t have to prove their employer was at fault in order to receive benefits for a workplace injury.
In return, employers are generally shielded from lawsuits in District Court by injured employees, a concept known as the exclusive remedy rule. Workers’ compensation is usually the only legal option against an employer, even if their negligence contributed to the accident.
The trade-off is that workers’ compensation is limited. It covers medical expenses, a portion of lost wages, and rehabilitation costs, not the full range of damages available in a personal injury lawsuit in District Court. Most importantly, it does not include compensation for pain and suffering.
Workers’ Comp vs. Personal Injury Claims in Louisiana
The main difference comes down to fault and damages: workers’ comp benefits are less difficult to obtain but are limited, while personal injury claims require proving fault but can offer more compensation.
Understanding what workers’ compensation does and doesn’t cover is crucial to knowing your options after a workplace injury.
What It Covers:
- Medical care related to your injury
- Partial wage replacement while you’re unable to work
- Vocational rehabilitation, if you need assistance finding a new job (when your injury causes limitations in what type of work you can do)
What It Doesn’t Cover:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Personal injury claims allow you to seek these damages only if someone else’s negligence caused your injuries. You must prove that a third party’s negligence caused your injury, often requiring a thorough investigation and strong evidence.
These claims can also take longer to resolve than workers’ compensation cases, and success is not guaranteed if the evidence doesn’t clearly show fault.
How to Get Pain and Suffering Compensation
While you typically can’t sue your employer for pain and suffering, Louisiana law does allow you to pursue a third-party personal injury claim if someone other than your employer or a co-worker was responsible for your injury.
Here are a few common situations where a third-party claim may be possible:
- Defective Equipment: If a machine used in your workplace malfunctions due to a flaw and injures you, the manufacturer could be liable.
- Negligent Driver: If you’re hurt in a crash while driving for work (such as while making a delivery or driving to a client meeting at another location during work hours), the at-fault driver may owe you damages.
- Unsafe Worksite: If a subcontractor or property owner’s (other than your employer) negligence leads to your injury on a work site, they could be responsible.
In these scenarios, you could receive both pain and suffering damages and workers’ comp benefits.
What Pain and Suffering Damages Include
Pain and suffering isn’t about your hospital bills; it’s about the human cost of your injury. It’s the sleepless nights, the moments you can’t pick up your child, the hobbies you’ve had to give up, and the way your world feels smaller than it used to because of your injury.
These damages acknowledge everything you’ve lost beyond the medical charts:
- Physical Pain: Ongoing discomfort, chronic pain, or reduced mobility
- Emotional Distress: Anxiety, depression, or PTSD caused by the accident
- Loss of Enjoyment of Life: Being unable to participate in hobbies, social events, or family activities
- Impact on Relationships: Strained family dynamics or loss of companionship
Exploring a third-party claim isn’t just a legal decision; it’s a chance to be compensated for how this injury has changed your life.
Why Legal Help Can Mean Thousands More
Because pain and suffering damages are often the largest part of a claim and the hardest to prove, having an experienced workers’ compensation attorney can mean the difference between partial recovery and full compensation.
The laws around workers’ compensation and third-party claims are complex; proving another party’s negligence isn’t always straightforward. Insurance companies may try to downplay your suffering or deny responsibility.
A knowledgeable attorney can:
- Investigate your accident and identify all potentially liable parties
- Gather the evidence needed to support a third-party claim
- Accurately calculate the full value of your pain and suffering damages
- Negotiate for the compensation you deserve
At Dudley DeBosier Injury Lawyers, we understand how workers’ compensation and personal injury law overlap, and ensure injured workers don’t settle for less than they deserve.
Get Help Pursuing Full Compensation
If you’ve been hurt on the job in Louisiana, you deserve more than just partial wage replacement and medical coverage, especially if someone else’s negligence caused your pain.
Even if you’re already receiving workers’ compensation, you may still be eligible to file a third-party claim and pursue pain and suffering damages.
If you have any questions about workers’ compensation or third-party workers’ compensation, contact our experienced Louisiana workers’ compensation lawyers for a free, no-obligation consultation.
Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.
