In most cases, getting injured at work in Louisiana means going through the state’s workers’ compensation system to get compensation for your medical bills and lost wages. This system is designed to reduce the liability that employers face when workers get injured while also streamlining the process for injured workers.
However, in some cases, injured workers can also file third-party liability claims against other parties for their work-related injuries. When eligible, they can often get compensation through both workers’ compensation and the injury claims or lawsuits they file against at-fault parties. Injured workers are often unaware of this, and they may even be told it’s impossible to do so.
If you were injured at work and believe a third party may have contributed to or caused your accident or injury, you may be eligible to file a third-party claim against them. Contact the New Orleans third-party claims attorneys at Dudley DeBosier Injury Lawyers for a free case review to learn more.
What Is Third-Party Liability?
Workers’ compensation is a no-fault insurance system designed to provide injured employees with medical care and wage replacement benefits after a workplace injury—regardless of who was at fault for the accident.
Key features of workers’ compensation include:
- No-Fault Basis: Injured workers are entitled to benefits even if the accident was partially or entirely their fault. In exchange, they generally cannot sue their employer for negligence.
- Caps on Wage Replacement: Workers receive a portion of their average weekly wage—typically two-thirds (66.67%), subject to a statewide maximum and minimum cap that changes yearly.
- Limits on Medical Treatment: Medical care must be approved and may be subject to treatment guidelines and utilization reviews. You may need prior authorization for certain procedures or medications.
- No Compensation for Pain and Suffering: Workers’ comp does not pay for non-economic damages like emotional distress, pain and suffering, or loss of enjoyment of life.
Third-Party Liability in Louisiana
While workers’ compensation limits the injured employee’s ability to sue their employer, Louisiana law does allow injured workers to sue third parties who may have contributed to or caused the workplace injury.
Examples of third parties include:
- A negligent driver in a car crash while the employee is working
- A subcontractor who created a hazard on a job site
- A manufacturer of defective machinery or equipment
Benefits of a third-party claim:
- Additional Compensation: Unlike workers’ comp, a third-party lawsuit can include pain and suffering, full lost wages, loss of future earning capacity, emotional distress, and other damages not covered by workers’ comp.
- No Cap on Damages: Third-party claims are handled like personal injury lawsuits, so compensation is not capped like it is under workers’ comp laws.
Pursuing Compensation Through a Third-Party Claim
Workplace injuries can be painful, disabling, and expensive. People who suffer workplace injuries may get many different types of compensation through third-party claims, including money for:
- Emergency care
- Surgeries
- Medication
- Assistive devices and prosthetics
- Rehabilitation, therapies, and ongoing treatments
- Specialized care not covered by workers’ comp
- Lost wages (not capped)
- Diminished future earning capacity
- Possible vocational retraining
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Permanent disability
Who Might Be Liable for Your Workplace Injury?
Many different parties can be directly or indirectly liable for a workplace injury. They include:
- Property owners and managers
- Maintenance service providers
- Product manufacturers
- Product distributors
- Equipment installers
- Contractors and subcontractors
- Transportation companies and commercial drivers
- Other vehicle operators
For example, imagine a construction worker is on a multi-contractor job site when a crane owned and operated by a separate subcontractor swings a load too quickly and drops heavy materials nearby. The materials strike the worker, causing serious leg injuries.
In this case, the injured worker is eligible to receive workers’ compensation to cover their medical bills and partially lost wages. They also may be eligible to file a third-party lawsuit against the subcontractor or crane operator for negligence to obtain additional compensation for pain and suffering, full wage loss, and long-term disability not covered by workers’ comp.
Challenges in Third-Party Liability Cases
Because most workplace injuries are covered by workers’ compensation alone, it can be challenging to file a third-party claim. Many liable parties will deny responsibility or claim that they can’t be held liable due to workers’ compensation handling workplace injuries.
Some of the most common challenges of these cases include:
Identifying responsible parties
- Workplace vs. third-party negligence
- Possibly multiple negligent parties
- Corporate structure and contractor/subcontractor relationships
Incident investigation
- Obtaining photographic and video evidence
- Identifying witnesses
- Prior incident and regulatory compliance research
- Expert inspection may be necessary
Causation establishment
- Pre-existing condition complications
- Expert testimony requirements
Choose Our New Orleans Third-Party Liability Claims Lawyers
Although third-party claims are challenging, having an experienced law firm on your side can give you an advantage throughout every aspect of the legal process. At Dudley DeBosier, we offer the following to maximize your chances of success in your case:
- Resources to take on big companies and complex cases
- Relationships with experts
- Meticulous investigation and documentation of your damages
- Aggressive negotiation with insurers
- Will fight for you in court if necessary
Call Us Today
After a workplace injury, it’s important to act quickly—especially if you think you might have a third-party claim. These claims are highly dependent on evidence, witnesses, and reports—all of which may become difficult to find as time passes.
The workers’ compensation attorneys at Dudley DeBosier in New Orleans are here to help with your third-party claims. Contact us today for a free consultation.
