Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
Workplace injuries are more common than many people realize, especially in physically demanding jobs like construction, manufacturing, and industrial operations. If you’ve been hurt on the job in New Orleans, you’re likely facing medical bills, missed work, and confusion about your legal rights. This guide explains what you need to know about workplace injuries, compensation options, and when to involve an expert personal injury lawyer.
Understanding Workplace Accidents in Louisiana
Workplace accidents include any injury or illness that happens while performing job duties. These can range from sudden incidents like falls or explosions to longer-term issues like exposure to toxic chemicals or repetitive strain injuries.
According to the U.S. Bureau of Labor Statistics, over 30,000 nonfatal workplace injuries and illnesses were reported in Louisiana in a recent year.
Certain industries see more injuries than others. Due to the nature of their work, construction workers, utility workers, offshore oilfield crews, and those in warehouse or manufacturing roles face a higher risk of serious injuries. However, accidents can happen in offices, retail stores, restaurants, and hospitals, too.
Common Causes of Work Accidents in New Orleans
Here’s a quick look at some of the most common and preventable workplace accidents affecting employees in New Orleans.
Falls, Electrocution, and Equipment-Related Injuries
Falls from scaffolding, ladders, or slick surfaces are among the most common causes of workplace injuries. Workers may also face electrical shocks from exposed wires or poorly grounded equipment. Proper safety practices often prevent these incidents.
OSHA states that scaffold-related accidents alone account for 65% of construction worker injuries, often due to poor assembly or lack of guardrails.
Exposure to Harmful Substances or Environments
Some workers handle chemicals or hazardous materials daily. Without proper protective gear, they risk serious health issues. Trench collapses, confined spaces and long-term exposure to fumes can lead to long-lasting damage or even death.
Explosions and Fires at Industrial Sites
Explosions may occur due to gas leaks, improper wiring, or mishandling of flammable materials. These accidents can cause devastating burns and leave workers unable to return to work.
Under Louisiana law, employees must report a workplace injury to their employer within 30 days to qualify for workers’ compensation benefits. – Louisiana Revised Statutes §23:1301
What Louisiana Workers’ Compensation Covers
Workers’ compensation is a state-required insurance program that provides certain benefits to employees who get injured or sick because of their jobs. In Louisiana, these benefits may include:
- Coverage for all necessary medical treatment
- Payments for lost wages (usually two-thirds of your average weekly wage)
- Disability benefits if you cannot return to work
- Vocational rehab to help you find new work if needed
Louisiana law prohibits retaliation for filing a workers’ compensation claim, and employees may have the right to additional compensation if retaliation occurs.
However, insurers may delay or deny claims, and employers may also discourage filing. These situations call for legal advice.
When Can You File a Third-Party Lawsuit?
In most cases, you can’t sue your employer directly for a work-related injury. But if someone outside of your company caused or contributed to the accident, you may have a separate personal injury case.
Examples of potential third parties include:
- A property owner who failed to maintain a safe job site
- A subcontractor whose unsafe actions led to your injury
- A driver who hit your work vehicle
- A manufacturer of faulty equipment that injured you
These lawsuits allow injured workers to recover damages that workers’ comp doesn’t cover, such as pain and suffering or future lost earnings.
In Louisiana, you typically have one year from the date of the incident to file a lawsuit against a third party for a workplace injury. – Louisiana Civil Code Art. 3492
How an Attorney Can Help with Your Work Injury Claim
Workplace accident claims can be complex. A lawyer experienced in Louisiana workplace injuries can:
- Collect medical evidence and workplace safety reports
- Interview witnesses and gather expert input
- File claims on your behalf and meet all deadlines
- Deal with insurance adjusters who may try to minimize your payout
- File and pursue a lawsuit if needed
Choosing the right legal team can make a significant difference in your financial recovery and peace of mind.
Filing Deadlines and Legal Process in Louisiana
Workers must report injuries to their employer within 30 days. Failing to report promptly can result in a denied claim. If you have a valid third-party lawsuit, you must file it within one year from the date of the accident.
This limited window makes it essential to speak with a lawyer soon after your injury. Delays could limit your legal options.
Types of Compensation Available After a Workplace Accident
| Compensation Type | Workers’ Comp Provides | Civil Lawsuit May Provide |
| Medical Expenses | Yes | Yes |
| Lost Wages | Partial (2/3) | Full (if proven) |
| Pain and Suffering | No | Yes |
| Vocational Rehabilitation | Yes | Sometimes |
| Future Medical Care | Yes (limited) | Yes |
| Punitive Damages | No | Rare, in gross negligence cases |
Frequently Asked Questions
What should I do immediately after a workplace injury in New Orleans?
Report the injury to your employer right away and get medical care. You have 30 days to report it under Louisiana law, or you may lose your right to benefits.
Can I sue my employer if I’m injured on the job?
Usually not. Louisiana workers’ comp laws protect employers from lawsuits. You can only sue in limited situations, like gross negligence or lack of insurance.
What if a third party caused my injury?
You can file a personal injury lawsuit against them. This can include contractors, property owners, drivers, or product manufacturers involved in your accident.
What happens if my workers’ comp claim is denied?
You can appeal the denial. A lawyer can guide you through the appeals process and improve your chances of getting approved.
How long do I have to file a work injury lawsuit in Louisiana?
You have one year from the accident date to file a third-party personal injury claim. Don’t wait—deadlines are strictly enforced.
How is a work accident attorney paid?
Most attorneys work on contingency, meaning they only get paid if you win. You may still be responsible for some legal costs.
Conclusion
If you’ve suffered a workplace injury in New Orleans, understanding your legal rights is critical. While workers’ compensation provides some support, it often doesn’t fully cover the losses you’ve endured. In severe cases, especially those involving third-party negligence, you may have additional options for recovery.
Please make an appointment for a free consultation with Alvendia, Kelly & Demarest Law Firm right now to find out how they can support your future.
Categories
In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
