Most people who get hurt at work file a workers’ compensation claim. If their claim is approved, they’ll start receiving replacement wage benefits in a week or two. They’ll also receive ample medical treatment for their injuries.
In fact, under the law in Louisiana, you really can’t sue your employer directly for workplace accidents. However, as with most things, there are exceptions to this rule. Your personal injury lawyer in Louisiana knows the difference between the two types of claims. They can explain when the exceptions to the rule apply.
Generally speaking, unless your employer was negligent or intentionally caused your injuries, you’ll be limited to filing a workers’ comp claim. The purpose of workers’ comp has nothing to do with damages. It’s about providing you with the necessary care to recover from your injuries. It’s also designed to provide you with replacement wages so you have a way to support your family while you’re out of work.
If you think you may have a civil claim against your employer or some other third party, you should contact an experienced personal injury lawyer in Louisiana.
What if Your Employer is Negligent?
If your employer is negligent, you can file a civil claim against them. You will have to show that their negligence directly caused your injuries. In most cases, the court will want to kick your claim over to the workers’ compensation court. The courts do not like to encourage employees suing their employers for damages in civil court.
However, if your complaint survives a motion to dismiss, your personal injury lawyer in Louisiana will still have to prove negligence. To do this, they must show the following:
- Your employer owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were caused by your employer’s breach
It’s not difficult to show that your employer owed you a duty of care. All employers have a duty to keep their employees safe. This includes providing them with safety equipment. It also requires them to provide all employees with the necessary training.
It’s also not that difficult to prove that you were injured. And, as long as your injuries occurred while you were at work, it shouldn’t be hard to prove that your employer’s breach caused your injuries.
The difficulty will be in proving that your employer breached their duty of care.
How Do You Prove Breach?
It’s not easy to prove that your employer breached their duty of care. There are a few ways you can do this:
- Show that your employer didn’t provide you with the necessary safety equipment to do your job
- Prove that you were never provided with instructions on how to operate certain types of equipment
- Demonstrate that your employer refused to provide you with the necessary tools or resources to do your job and this resulted in an injury
- Submit evidence that your employer was requiring you to work with dangerous chemicals and told you they were perfectly safe
Your personal injury lawyer in Louisiana will gather the evidence necessary to prove that your employer was negligent. This way, they can try to get you the compensation you deserve.
You May Have to Sue Third Parties
There are times when you get hurt and it had nothing to do with your employer. You may be injured by a defective product or dangerous substance. In situations like this, you can file a product liability case against the manufacturer.
Or, perhaps you’re required to use certain chemicals at work. The chemicals come with absolutely no warnings on them. You find out that, after using the chemicals for years, you end up contracting lung cancer.
In these cases, you won’t necessarily name your employer in your lawsuit. You may be able to get the damages you deserve from these third parties.
Contact an Experienced Personal Injury Lawyer in Louisiana
If you get at hurt at work, you’ll probably have to file a workers’ comp claim. You normally can’t file suit against your employer directly. However, there are exceptions to this rule. If you believe you have a valid claim, contact an experienced injury attorney in Baton Rouge today.
Schedule your free initial consultation with Babcock Injury Lawyers today.