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Jackson & New Orleans Workers' Compensation / Blog / Workers Compensation / Do Louisiana Workers’ Compensation Laws Apply? Find Out About an Important Exception to Louisiana Workers’ Compensation Coverage and Where You Can Turn for Legal Help After a Serious Workplace Injury

Do Louisiana Workers’ Compensation Laws Apply? Find Out About an Important Exception to Louisiana Workers’ Compensation Coverage and Where You Can Turn for Legal Help After a Serious Workplace Injury

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By now, most Louisiana workers and their families are likely aware of the important state-run program that helps injured workers in Louisiana after a serious workplace accident occurs and prevents them from returning to work: Louisiana workers’ compensation. However, some Louisiana workers and their families may not know that the Louisiana workers’ compensation program is the exclusive and only remedy in the vast majority of workers’ compensation cases in Louisiana. Indeed, what this means is that instead of being entitled to bring a case in court against an employer who may have been negligent in causing the workplace accident, most Louisiana workers who have been injured on the job must bring a workers’ compensation claim, rather than bring a civil personal injury case against their employer in court. However, there is an important exception to this rule. Here we discuss one situation in which a Louisiana worker who was injured on the job may have the option to bring a case against their employer in court after a serious workplace injury, and where to turn to for legal help for your workplace accident case.

Louisiana Workers’ Compensation Laws: The Intentional Tort Rule 

The Louisiana Revised Statutes establish that most workers in Louisiana are entitled to workers’ compensation benefits after a serious workplace injury occurs, regardless of who was at fault. However, Louisiana workers’ compensation laws also mandate that, “Nothing in this Chapter shall affect the liability of the employer, or any officer, director, stockholder, partner, or employee of such employer or principal to a fine or penalty under any other statute or the liability, civil or criminal, resulting from an intentional act.” What this means is that although most workers who have been injured on the job due to the negligence of their employer must still utilize the workers’ compensation process as an exclusive remedy for their injury, if the act that caused their workplace injury was intentional, they may be able to sue their employer for damages in civil court under Louisiana personal injury laws. This exception is important because it enables an injured Louisiana worker to make a choice about how they would like to pursue their claim. Of course, every claim is unique and different, and Louisiana workers’ compensation laws are complex, so it is best to speak to an experienced Louisiana workers’ compensation lawyer about your case as soon as possible to determine the best route for you to take to get compensation due to you.

Getting Legal Help in Louisiana – Louisiana Workers’ Compensation Lawyer

If you were injured on the job in Louisiana and you need legal help, contact the experienced Louisiana worker’s compensation lawyers at the law firm Lunsford Baskin & Priebe. The experienced Louisiana workers’ compensation lawyers at Lunsford Baskin & Priebe are here to help injured Louisiana workers get compensation due to them. Contact Lunsford Baskin & Priebe today and speak to a lawyer about your case now.

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