When you're injured on the job in Louisiana, one of your biggest concerns may be how you will receive compensation for your injuries. Workers' compensation benefits are designed to cover medical expenses, lost wages, and other necessary costs. However, the situation can become complicated if you are working for a contractor rather than being directly employed by the company that hired the contractor. If you were hurt while performing contracted work, you may wonder whether your employer—the contractor—or the company you were working for is responsible for providing workers' compensation benefits.

Below, Delsa Law Firm, LLC explains how Louisiana law handles workers' compensation in these situations. We'll also explore when an employer might still be liable for your injuries, even if you aren't technically their direct employee. Lastly, we'll cover how a workers' compensation attorney can help you navigate the claims process.

Workers' Compensation Lawyer for Contractor Injuries in Louisiana

Were you injured while working for a contractor in Louisiana? You don't have to navigate this process alone. The system can be confusing, especially when it's unclear who is responsible for your benefits. Delsa Law Firm, LLC is here to stand by your side and help you pursue the workers' compensation you need. Whether your employer is a contractor or the company that hired them, we'll work with you to explore every available legal option. Call (985) 882-1222 or contact us online for a free consultation.

Understanding Workers' Compensation in Louisiana

Workers' compensation is a no-fault system that provides benefits to employees who suffer work-related injuries or illnesses. According to Louisiana Revised Statutes (La. R.S.) § 23:1021, if you are injured on the job, you are likely entitled to workers' compensation benefits, regardless of who was at fault for the accident. These benefits ensure that injured workers receive necessary medical treatment and compensation for lost wages without needing to prove employer negligence.

However, if you are working for a contractor rather than being directly employed by the company for which the work is being performed, questions may arise about who is responsible for covering your benefits.

Who Is Considered an "Employer" Under Louisiana Workers' Compensation Law?

Louisiana law defines an “employer” broadly. According to Louisiana Revised Statutes Section 23:1035, an employer includes individuals, partnerships, corporations, and other entities that hire employees for compensation. Generally, the direct employer—the contractor who hired you—is responsible for providing workers' compensation insurance.

However, under Louisiana Revised Statutes Section 23:1061, a principal (the company that hires a contractor) may also be considered a statutory employer, meaning they could be held responsible for workers' compensation if the contractor fails to carry the necessary insurance.

Can the Company That Hired the Contractor Be Liable for Your Workers' Compensation?

Yes, in certain circumstances, the company that hired your contractor may be liable for your workers' compensation benefits. Under Louisiana Revised Statutes Section 23:1061, if the work you were performing is considered part of the principal employer's trade, business, or occupation, that employer may be considered a statutory employer. This means that if the contractor does not have proper workers' compensation coverage, the principal company may be responsible for your benefits.

This provision ensures that workers are not left without coverage simply because their direct employer (the contractor) failed to carry workers' compensation insurance.

What About Third-Party Liability?

If your injury was caused by a third party—such as a defective tool, an equipment manufacturer, or another contractor—you may be able to pursue a lawsuit against that third party in addition to filing a workers' compensation claim. Louisiana law allows workers to seek additional damages if a negligent third party contributed to their injury (Louisiana Revised Statutes Section 23:1101).

What Happens If Your Contractor Employer Doesn't Have Insurance?

Louisiana law requires employers to carry workers' compensation insurance. If your contractor employer fails to provide coverage, they may face penalties under Louisiana Revised Statutes Section 23:1168. Additionally, the amount of weekly compensation owed is increased by 50% if an employer failed to provide security for compensation as set forth in section 1168.

How a Workers' Compensation Lawyer Can Help You

Navigating workers' compensation laws can be overwhelming, especially when working for a contractor. An experienced Louisiana workers' compensation attorney can:

• Identify the responsible party (contractor, hiring company, or both).
• Help ensure you receive the full benefits to which you are entitled.
• Challenge denied claims and appeal unfair decisions.
• Pursue third-party claims if someone else's negligence caused your injury.
• Handle cases where your employer lacks insurance, ensuring you explore all available legal options.

Get Help from a Workers' Compensation Attorney in Slidell Louisiana

If you were injured while working for a contractor, obtaining the compensation you deserve can be complex. However, you don't have to handle it alone. Delsa Law Firm, LLC is here to help you understand your rights and secure the benefits you need. Don't let delays or confusion prevent you from getting the medical care and financial support you deserve. Call (985) 882-1222 or contact us online for a free consultation today.