Louisiana Third Party Work Injury Lawyer
Workers’ compensation was designed to be the end of the road when you get hurt at work, and for many injuries it is. But when someone other than your employer helped cause the harm, a Louisiana third party work injury lawyer can open a second path: a lawsuit against the outsider whose carelessness put you in the hospital, one that can pay for losses comp never touches. Lunsford, Baskin & Priebe PLLC represents injured workers and accident victims throughout Louisiana and Mississippi, handling both the workers’ compensation claim and the injury claim that sits beside it.
The difference matters in dollars and in dignity. Compensation benefits pay medical care and a portion of lost wages, but they do not pay for pain, for lost enjoyment of life, or for the full weight of what a serious injury takes from a person. A third party claim can. It also runs on different rules, different deadlines, and against different opponents, and the two cases have to be managed so that one does not undercut the other.
Who Counts as a Third Party in a Louisiana Work Injury
A third party is anyone other than your employer and your coworkers whose fault contributed to your injury. Louisiana’s comp system shields your own employer from a negligence lawsuit in most situations, which is why the search for another responsible party is often the key to full compensation. The identity of that party depends on how the injury happened, and finding them takes real investigation: contracts, site records, equipment histories, and who actually controlled the work area.
Many of the people we represent work in settings where several companies share one site, which is exactly where third party claims tend to appear. A subcontractor’s crew leaves a hazard behind. A general contractor ignores a safety requirement. A manufacturer ships a tool with a defect. Sorting out who owed you a duty of care is one of the first things a lawyer does, and it often changes the whole value of the case.
Why Choose Lunsford, Baskin & Priebe for a Third Party Injury Claim
Lunsford, Baskin & Priebe PLLC is a workers’ compensation firm first. Most attorneys who take comp cases are personal injury lawyers who handle a work injury only when one happens to come through the door; we are built the other way around. Our attorneys bring over 75 years of combined experience, and the firm has recovered more than $100 million in settlements for clients. We serve injured workers across Louisiana, from New Orleans and Baton Rouge to Lafayette, Lake Charles, and Shreveport, and across Mississippi as well.
That comp-first foundation is what makes our third party work different. A lawyer who does not understand the compensation system can accidentally damage a client’s position, for instance by settling the outside claim in a way that jeopardizes comp benefits or by missing the employer’s right to be repaid from the recovery. Rob Lunsford, our Founding Partner, has spent his entire legal career representing injured workers. Brad Baskin and Jennifer Priebe, both Partners, have been recognized by Best Lawyers, Super Lawyers, and The National Trial Lawyers, and the firm was ranked by Best Law Firms in 2026 for Workers’ Compensation Law, Claimants, in Jackson. Andrew Rueff has successfully tried dozens of jury and bench trials to verdict and has argued personal injury and insurance cases before state appellate courts, which matters when a third party case may need to go in front of a jury. Keaton Belk and Erin Heimlicher round out the attorney team.
Results show what this focus produces. We secured $685,000 for a surgical tech with a lower back injury, $600,000 for a construction worker with a complex back injury, $385,000 for a project manager with back injuries after being struck in his work vehicle, and $221,000 for a land-based oil rig worker with severe burns. Clients tell us they felt heard and supported, and that their attorney stood up to the insurance company at every step. Consultations are free, we advance the costs of the case, you owe no fee unless we recover for you, and our phones are answered 24 hours a day. Hablamos espanol.
Common Situations That Support a Third Party Claim
- Vehicle Crashes During Work: A delivery driver, project manager, or truck driver hit by a negligent motorist can pursue comp and a liability claim against the at-fault driver and that driver’s insurer. Interstate corridors and city streets across Louisiana generate many of these cases.
- Multi-Contractor Job Sites: Construction projects, refineries, and plants often put several companies in one space. If a different contractor’s crew created the hazard that injured you, that company can be a defendant.
- Defective Tools and Equipment: When a machine, harness, ladder, or power tool fails because of a design or manufacturing flaw, the maker or distributor may answer for the injury, including serious burns and crush injuries.
- Unsafe Premises Owned by Someone Else: Workers making deliveries, repairs, or installations on another party’s property can be hurt by wet floors, broken stairs, or poor lighting. A premises liability claim may follow.
- Oil and Industrial Site Accidents: Rig, plant, and pipe-handling injuries frequently involve contractors, operators, and equipment suppliers beyond the direct employer, which opens the door to additional recovery on top of comp.
- Wrongful Death: When a worker dies because of a third party’s negligence, surviving family members may bring a wrongful death claim in addition to the death benefits available under comp.
What to Do After a Work Injury Caused by Someone Else
Start with the comp claim, because its deadlines are short. Report the injury to your employer right away; the outer limit is 30 days after the accident. A formal compensation claim generally must be filed within one year of the injury, though that window can extend to three years from the last compensation payment if benefits were paid. Do not wait to see whether you feel better. Get medical care, tell the provider the injury happened at work, and keep every record.
Then protect the outside claim. Photograph the scene, the equipment, and your injuries. Write down the names of anyone who saw what happened, including workers from other companies. Preserve the vehicle, tool, or gear involved if you can, and do not let anyone repair or discard it. Get the police report if a crash was involved, and identify every company present on the site. Do not give recorded statements to a third party’s insurance adjuster before you have spoken with a lawyer, since those statements are used to assign you a share of the blame.
The injury lawsuit has its own clock. For injuries on or after July 1, 2024, Louisiana gives two years from the day of injury to sue in tort; earlier injuries remain under the former one-year period. Wrongful death follows a different rule: the longer of one year from the death or two years from the injury. Fault also matters more than it used to. For claims arising on or after January 1, 2026, a plaintiff found 51 percent or more at fault recovers nothing, and lesser fault reduces the award proportionally, so how the facts are documented early can decide the outcome.
Comp claims are heard by workers’ compensation judges in the Office of Workers’ Compensation Administration, which has district courts in cities including New Orleans, Baton Rouge, Lafayette, Lake Charles, and Shreveport. The third party case is different: it is a civil lawsuit filed in a state district court or, when the parties are from different states or federal law applies, in the Eastern, Middle, or Western District of Louisiana. Running both tracks at once, and keeping them consistent, is a large part of what we do.
How the Comp Claim and the Injury Claim Interact
The two claims are not duplicates; they pay for different things. Comp covers reasonable and necessary medical treatment and wage benefits, including supplemental earnings benefits if you return to work at reduced pay. A third party claim can add compensation for pain and suffering and for the full extent of wage loss. But the comp insurer generally has a right to be reimbursed from your third party recovery for what it paid, so the way a settlement is structured and allocated affects what you actually keep.
This is where a lawyer’s work goes beyond filing paperwork. We negotiate with the comp carrier over its reimbursement claim, make sure a settlement with the outside party does not accidentally cut off future comp medical care or benefits, and time the cases so that evidence developed in one helps the other. Settle the wrong claim first or sign the wrong release, and a client can lose rights they never knew they had.
Questions About Louisiana Third Party Work Injury Claims
Can I get workers’ compensation and sue someone else for the same injury?
Yes. Comp does not prevent you from suing a third party whose negligence helped cause the injury. The two claims run side by side, and the comp insurer typically seeks repayment out of what you recover from the outsider.
Can I sue my own employer instead of just taking comp?
Generally not for ordinary negligence. Comp is the exclusive remedy against your employer in most cases, which is why identifying another responsible party is so important to a full recovery.
How long do I have to file a third party lawsuit in Louisiana?
For injuries on or after July 1, 2024, the tort prescriptive period is two years from the day the injury was sustained. Earlier injuries remain under the former one-year period. Separate comp deadlines run at the same time, so both clocks need attention immediately.
Does comp have different deadlines than the injury lawsuit?
Yes. You should report the injury to your employer within 30 days and generally file a comp claim within one year of the accident. The lawsuit against a third party follows the tort period instead, so missing one deadline does not necessarily forfeit the other, but waiting is risky for both.
What if I was partly at fault for the accident?
Your recovery is reduced by your percentage of fault. For claims arising on or after January 1, 2026, being found 51 percent or more at fault bars recovery entirely. Earlier claims remain under pure comparative fault. Comp benefits generally do not depend on fault, so that claim is unaffected.
Will the workers’ comp insurer get paid back from my settlement?
Typically it has a reimbursement interest in a third party recovery for benefits it has paid. How much is repaid, and how the settlement is structured, can be negotiated, which is one reason to have a lawyer handling both claims.
I was hit in my work vehicle by another driver. Do I have two claims?
Often, yes. You can claim comp because the crash happened in the course of your job, and pursue the at-fault driver’s insurance for damages comp does not cover. We have handled cases like this, including a project manager struck in his work vehicle.
Can a contractor on the same job site be sued if it is not my employer?
If that contractor was a separate company that owed you a duty of care and its negligence contributed to your injury, it can be a defendant. Contracts and site control records often determine whether the claim is viable.
What if a defective tool injured me?
A product liability claim against the manufacturer or seller may be available alongside comp. Keep the tool exactly as it was after the accident and do not allow your employer or anyone else to repair or discard it.
Can the family bring a claim if a worker is killed by a third party?
Yes. Wrongful death claims have their own deadline, the longer of one year from the death or two years from the injury, and can proceed in addition to comp death benefits for dependents.
Is a third party case worth it if my injury seems modest?
It depends on the medical picture and the evidence of fault. Back, shoulder, and knee injuries can turn into long-term problems, and a free consultation is the way to find out whether the outside claim justifies pursuing. You pay no fee unless we recover.
Serving Third Party Work Injury Clients Across Louisiana and Mississippi
Our work in Louisiana reaches from New Orleans through South Louisiana, including Baton Rouge, Lafayette, and Lake Charles, and north to Shreveport and surrounding communities. Whether the accident happened on a refinery turnaround on the river, a construction site along an interstate corridor, a delivery route through town, or an offshore support yard, we represent injured workers and accident victims statewide.
We also serve workers across Mississippi, including Jackson, Madison, Hattiesburg, Southaven, the Gulf Coast, the Delta, and north Mississippi. Many of our clients work jobs that carry them across state lines, and the firm handles injury and compensation matters in both states so a crash or site accident does not fall between two legal systems.
Talk With a Louisiana Third Party Injury Attorney Today
If someone other than your employer helped cause your injury, there may be more to recover than comp alone will ever pay. A Louisiana third party injury attorney at Lunsford, Baskin & Priebe can review what happened, identify who may be responsible, and coordinate the comp and injury claims so they work together. Call us for a free consultation, any hour of the day. You pay nothing unless we recover for you.
