Personal Injury at the Workplace: Who’s Really to Blame?

If you were injured at work, you may be asking some of the following questions:

  • Is my employer responsible for my injury?

  • What fault do I need to prove?

  • What are my next steps?

These are all good questions and ones that we frequently help our clients address. Here we discuss some of your biggest and most basic concerns.

Employer’s Responsibility

Your employer has a legal duty to protect his employees, contractors, and even visitors from accidents or injuries in the workplace. Though certain jobs lend themselves to more injuries than others, an employer must take reasonable care in order to maintain safe working conditions and/or let you know of potential hazards. This obligation may require an employer to maintain proper facilities and provide necessary tools for you to perform your job safely. An employer may also have a legal duty to report certain incidents and give you time off after a workplace accident.

Where the Fault Lies

In order to receive compensation, the injury itself is ordinarily not enough. You may also need to prove that somebody was at least partially at fault for the injury. Louisiana is a “no fault” state when it comes to being injured on the job, so your Workers Compensation claim will be limited by this law. However, if you can prove that either somebody acted negligently or intentionally wrongfully, then you may be able to bring a parallel action to recover more than what the Workers Compensation laws allow. Louisiana follows a “comparative fault” rule, which reduces your damages in proportion to the amount of fault assigned to you for your injury. Thus, if you are found to be 20% at fault for your injury, your compensatory damages will be reduced by this amount.

Next Steps

Each personal injury claim is different and we strongly recommend consulting with an experienced attorney to help determine the relative strength of your claim. In the meantime, however, we encourage you to keep a record of all relevant facts and data to your claim. Take pictures of any hazardous conditions and save any evidentiary significant items. Review your contract to determine whether you are entitled to any special time off or compensation. Also keep in mind that there is a statute of limitations, or deadline, on the amount of time that you will have to file your personal injury claim. Under Louisiana law, you generally have one year after the date of the accident to file your claim in court. With all these factors to consider, having the right legal team behind you can make all the difference for your personal injury claim. At Smiley Law, we have been helping clients get compensated for their injuries. Call us today for all your personal injury needs.

Comments

  1. Seth Smiley

    on July 17, 2019

    Thank you for the comment, please tell your friends! 🙂

  2. Seth Smiley

    on July 17, 2019

    Thank you for the comment. I am sorry to hear about your sister. Please reach out to our firm as we may be able to help. If the accident was not in a jurisdiction where we are licensed then we can help her find a qualified attorney in the proper jurisdiction.

  3. Seth Smiley

    on July 17, 2019

    I’m sorry to hear about your brothers car accident with a drunk driver. We wish him the best and speedy recovery. Thank you for the comment.

  4. Seth Smiley

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  6. Angela Waterford

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    My brother was injured in a car accident because of a drunk driver. I think I should tell him to hire an auto accident attorney in order to address his concerns with the insurance company. Thanks for mentioning that they’ll be able to help him prove that he was harmed by the driver so that he can get compensation for his injuries.

  7. Thomas Jameson

    on July 15, 2019

    It’s good to know that roughly 40% of auto accidents are caused by alcohol. My sister was in a car accident last week where she was t-boned by a driver who might have been drunk. I’ll pass this information along to her so that she can look further into her options for hiring an attorney to help her get the money she deserves from her case.

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  11. Seth Smiley

    on July 12, 2019

    Thank you for the comment. Tell your sister to give us a call and we can point her in the right direction with regards to legal representation for her texting and driving accident.

  12. Seth Smiley

    on July 12, 2019

    Thank you. We appreciate your comments on our legal guide.

  13. Thomas Jameson

    on July 11, 2019

    It’s good to know that you should hire an attorney to help you press charges if you are injured by someone who is texting and driving. My sister was in an accident the other day, and the other driver was a teenage girl who was most likely texting. I’ll pass this information along to my sister so that she can look further into her legal options.

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  18. Seth Smiley

    on July 8, 2019

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  19. Seth Smiley

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  23. Seth Smiley

    on July 5, 2019

    Thanks, Braden. Yes, you should contact a personal injury attorney to discuss your options.

  24. Braden Bills

    on July 5, 2019

    I was in a car accident, and I’m not sure what to do about it. It makes sense that getting a professional lawyer to help with this would be important. They would be able to ensure that I get compensated for this, and can pay my medical bills.

  25. Seth Smiley

    on July 3, 2019

    Gillian, I could not agree with you more. Thank you for the comment.

  26. Gillian Babcock

    on July 3, 2019

    My sister was crossing the street when a speeding motorcycle passed by and she was hit and badly injured. It was explained here that a lot of experience grave injuries from vehicular accidents some of them even die. Moreover, it’s ideal to hire an experienced personal injury lawyer to help her file claims.

  27. Seth Smiley

    on July 2, 2019

    Thank you for the comment. We have a number of other blogs on our site that are helpful. Click around or give us a call for more information on injury claims.

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  29. Seth Smiley

    on July 2, 2019

    Angela, thank you for the comment. If you or your grandmother need help with the texting and driving accident and injury, please reach out to our firm.

  30. Angela Waterford

    on July 2, 2019

    There was a teenager who injured my grandmother due to texting while driving. I think I’ll hire a car accident lawyer because her life had been irreparably changed. Thanks for pointing out that I’ll be able to point out his negligence with the attorney’s help, so I’ll be sure to hire a good one.

  31. Seth Smiley

    on July 1, 2019

    Thank you for the comment, Jackson!

  32. Jackson Bush

    on July 1, 2019

    I like how you mentioned that an attorney can help establish negligence. My daughter recently got her license and I’m worried that she could get in an accident and automatically blame it on herself because that’s just her personality. I’ll be looking for a reliable attorney for any possible accidents in the future.

  33. Seth Smiley

    on June 28, 2019

    Thanks for the comment

  34. Angela Waterford

    on June 27, 2019

    I had been injured in a car accident last week. As far as I know, the driver who drove the other car was drinking alcohol. Thanks for mentioning that I should call an attorney for this, so I’ll be sure to do that.

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    It’s good to know that many car accidents are caused by texting and that you can easily make a legal case against it. My sister was injured in a car accident last week where the other driver was texting. I’ll pass this information along to her so that she can look further into her legal options.

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  39. Camille Devaux

    on June 12, 2019

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  40. Kate Welling

    on June 11, 2019

    I like how you said that a car accident attorney might be able to help us locate a local repair shop. This is great to know, especially since my husband just got in a car accident. It happened at a busy intersection! I’ll definitely look into finding a personal injury lawyer to help him out.

  41. Stefan Bradley

    on June 11, 2019

    It’s a shame that 40% of accidents are caused by irresponsible drinking, it really makes you worry about your family’s safety. My sister got into a car accident a few years ago and struggled to figure out exactly what to do after the accident. Knowing who to call and what to do next would have saved her a lot of time and prevented her from being too stressed after such a scary experience.

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  43. Sam Li

    on June 6, 2019

    I appreciate what you said about determining which party was at fault during a car crash. Working with a reliable injury attorney is vital if you have been hurt due to the fault of another. If I were to get hurt in an auto accident, I would find an attorney with a winning track record to work with.

  44. Shayla Cademis

    on May 31, 2019

    I didn’t know you could get compensation for things like losing a job, having difficulties with mortgage payments, or getting a divorce after an auto accident. My brother-in-law was in a car accident last week after another driver ran a red light at an intersection. He’s definitely had a few medical bills, but I’ll have to let him know he should be aware of other possible compensations. Hopefully we can help him find a good attorney in his area. Thanks for the info!

  45. Bob

    on May 30, 2019

    I love your personal injury lawyer tips. My father just got hit by a drunk driver. I’ll have to get him a lawyer so he can sue the guy to his last dime.

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    on May 30, 2019

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  47. 4 Tips to Heed After Filing a Personal Injury Insurance Claim - Law Policy

    on May 30, 2019

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