If are injured on the job, you are entitled to a third party claim. In workers compensation in Louisiana you cannot sue your employer for work injuries, you can’t sue your employer for an accident that you have on the job. This is called the exclusive remedy in Louisiana. You have a workers compensation claim, even if it’s your employers fault, but you can’t use fault as an issue. Fault doesn’t matter, it’s a no-fault system so you still have a valid workers compensation claim. Find out more in this video with Robert Martina.
Video Transcription:
If you get injured on the job, whether it’s your fault or not you have a claim in a tort claim or a third party claim, fault does come into play. Now, that brings up another topic about no-fault. In workers compensation in Louisiana there’s no fault but you also cannot sue your employer for work injuries, it’s an exclusive remedy, you don’t have the right to sue your employer for an accident that you have on the job. That’s called the exclusive remedy in Louisiana. Even if it’s your employer’s fault, let’s say you’re working and you’re injured due to faulty safety procedures or faulty safety equipment and it’s your employer’s fault, well you have a workers compensation claim but you can’t use fault as an issue. You can’t bring up fault and you can’t sue your employer in tort or personal injury, so workers comp is your exclusive remedy whether it’s the employers fault or your fault. It doesn’t matter, fault doesn’t matter, it’s a no-fault system so you still have a valid workers compensation claim. For more information on workers compensation claims go to GallowayJefcoat.com.
June 11, 2021