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December 1, 2020

Is It Possible to Sue for a Work Accident in Louisiana?

December 1, 2020

Work accidents can happen unexpectedly throughout Louisiana, and when they do, the injuries that result can have detrimental side effects. Many families in the New Orleans area live paycheck to paycheck, and missing one pay day because of a workplace injury can mean family members don’t eat. In addition to lost wages, a work accident will likely lead to large medical expenses.

Thankfully, most employers in Louisiana have workers compensation insurance to protect their employees in the event of a work accident. If you’re injured on the job in New Orleans, however, you may wonder whether you can sue for your damages.

There are specific circumstances when a work accident in Louisiana is eligible for a personal injury lawsuit. Discussing your situation with a New Orleans work accident lawyer from Smiley Law Firm, LLC can help you determine whether you qualify.

How a Work Accident in Louisiana Occurs

Work accidents in Louisiana can occur for many reasons depending on the job. Construction jobs, maritime jobs, and transportation jobs are more dangerous than others, and accidents can involve defective machinery, toxic substances, and unsafe working conditions. Work accidents in office spaces can also happen because of product malfunctions, falls, or electrocutions. 

When You Can Sue for a Louisiana Work Accident

Most work accidents in Louisiana require workers compensation claims if victims hope to recover compensation for their lost wages or medical expenses. A work accident may qualify for a lawsuit if third-party negligence or gross negligence by your employer caused the accident.

For example, when a defective product injures you at work, you can sue the product manufacturer for damages. Alternatively, if you’re forced to work in unsafe conditions, you can sue your employer for your work injury because they were grossly negligent. It’s also possible to sue a product manufacturer for injuries caused by toxic exposure.

Damages You Can Receive in a Lawsuit vs. a Workers Comp Claim

When filing a workers comp claim, you’ll only receive coverage for your medical expenses and reimbursement for a percentage of your lost wages. In a work accident lawsuit, however, you can recover both economic and non-economic damages.

Economic damages may include present and future medical expenses, lost wages, and property damage. Non-economic damages may include emotional distress, pain and suffering, scarring and disfigurement, and loss of enjoyment of life. 

Contact a New Orleans Work Accident Attorney

Getting injured at work can greatly affect your life and the lives of your family members. It’s essential to receive the maximum settlement for your injuries if you hope to make a full recovery and avoid financial hardship. At Smiley Law Firm, LLC, we understand Louisiana’s workers compensation laws and can help you take legal action when eligible.

If you’re ready to discuss your case with a New Orleans work accident lawyer, schedule a free consultation with a member of our team. Fill out the contact form below or call 504-894-9653.

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