Many people believe that if they get hurt at work, they are limited to workers’ compensation benefits. In Louisiana, that is not always true. Depending on who hired you, who controlled the job site, and how the accident happened, you may also have the right to file a lawsuit for full damages. Therefore, many injured workers ask:
- Can I sue after a work accident?
- Can I sue the company if I got hurt on the job?
- What if workers’ comp is not enough?
- Can contract workers file a lawsuit?
In Louisiana, the answer to these questions may be yes. A recent Louisiana Supreme Court decision gave injured workers and manual laborers an important update about their legal rights after a serious workplace accident.
Are Injured Workers Limited to Workers’ Compensation?
Workers’ compensation usually covers medical bills and part of your lost wages after a job injury. However, workers’ comp does not pay full damages for:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Full lost income
However, workers can recover additional money for workplace injuries in some situations. This usually concerns injuries caused by someone who does not employ you.
Louisiana Supreme Court Clarifies the Law for Manual Laborers
In McBride v. Old Republic Ins. Co., the Louisiana Supreme Court explained that certain independent contractors performing manual labor may qualify for workers’ compensation coverage under Louisiana law. However, the Court also ruled that this protection does not automatically extend to employees working under that contractor.
This distinction matters because workers in some situations may be able to file a personal injury lawsuit against negligent companies or property owners.
What Happened in the Case?
The case involved a serious explosion at a natural gas processing facility. Workers contracted to perform hot work with an acetylene torch suffered severe injuries because the plant left glycol in the pipes where the hot work was ordered. The workers sued the plant owner directly for unsafe conditions at the work site.
The Louisiana Supreme Court ultimately held that the plant owner was not protected by workers’ compensation. Accordingly, the injured workers could hold the plant owner financially responsible to the contract workers for pain and suffering and other damages available outside of workers’ compensation.
When Can You File a Lawsuit Instead of Only Receiving Workers’ Comp?
You may have the right to sue for full damages if:
- You worked for a contractor or subcontractor
- Another company caused the accident
- Unsafe equipment caused your injury
- A property owner created dangerous conditions
- A third party acted negligently
- You were injured on an industrial or construction job site
Unlike workers’ compensation, a lawsuit may allow you to recover compensation for pain and suffering, full wage loss, disability, and future medical expenses.
Common Louisiana Work Injury Cases
Workers in these industries often have potential third-party claims:
- Construction accidents
- Refinery explosions
- Plant and chemical exposure injuries
- Offshore injuries
- Trucking and transportation accidents
- Industrial burn injuries
- Scaffold and fall accidents
Speak With an Experienced Louisiana Injury Lawyer
If you were hurt performing manual labor, do not assume workers’ compensation is your only option. A lawsuit against a negligent company or property owner may allow you to recover substantially more compensation.
The attorneys at Stag Liuzza, LLC help injured workers across Louisiana investigate workplace accidents and pursue claims against responsible parties. Learn more about Louisiana personal injury claims and your legal rights after a serious work injury by calling us at (504) 593-9600 or messaging us at mail@stagliuzza.com.
