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Can I File for Workers’ Compensation and a Personal Injury Claim for My Work Injuries?

Posted by Liz Delsa | Jun 11, 2024 | 0 Comments

In most cases where a worker is injured on the job in Louisiana, their only remedy is to file a workers' compensation claim against their employer. There are, however, a number of important exceptions to this general rule.

A Defective Product Caused Your Injury

If you are injured on the job because of a defective product, you may be entitled to collect workers' compensation for your injuries from your employer. You may also be able to file a product liability lawsuit against the manufacturer of the product that injured you.

A Third Party Caused Your Injury

Say you're driving somewhere as part of your job, and someone crashes into your company vehicle. If the other driver was at fault, you will likely be able to file a workers' compensation claim with your employer as well as a personal injury suit against the other driver and their insurance company.

You Suffer a Long-Term Injury Because of Working with Toxic Substances

This claim is similar to a product liability claim, except that you don't immediately become aware of your injuries. If you've worked with chemicals or substances that cause injuries or illnesses due to long-term exposure, you may be able to recover workers' compensation from your employer as well as damages from the producer of the chemical.

Your Employer Commits an Intentional Tort

If your injury was caused by an intentional tort caused by your employer, then you may sue your employer for tort damage. In order to qualify for this exception, you must prove the employer desired to bring about the physical results of their acts or believed they were substantially certain to follow from their actions.

If I Recover Twice, Do I Have to Repay the Workers' Compensation Benefits?

Generally speaking, yes. According to Louisiana law, if you successfully sue a third party for an injury you experienced while on the job, and you've received workers' compensation benefits for that injury, your employer (or its workers' compensation insurer) will be entitled to be reimbursed for what it paid you out of the damages you collect from the third party.

The Delsa Law Firm, LLC, Can Help You Decide Whether a Lawsuit Makes Sense

If you've been injured on the job and believe a third party or a negligent employer may be responsible for your injuries, contact the Delsa Law Firm, LLC, to discuss your case and learn how we can help. Attorney Delsa has represented many clients across Louisiana with both their workers' compensation claims and third-party personal injury lawsuits. He will carefully review your case with you to see whether you may be able to benefit from both a workers' compensation claim and a personal injury lawsuit.

Call us today at (985) 882-1222 or schedule a free confidential consultation online to learn more about how the Delsa Law Firm, LLC, can help you. From our convenient office in Slidell, we help clients all around Southeastern Louisiana with their workers' compensation and personal injury needs, and we're ready to help you with yours.

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