What If Your Employer Blames You for Your New Orleans Workers’ Compensation Injury?
You were injured at work in New Orleans, but now your employer says the accident was your fault. Maybe your supervisor says you were not paying attention, should have been more careful, or did not follow the usual procedure. Does that mean you cannot receive New Orleans workers’ compensation benefits?
The answer is not necessarily. Fortunately, the Louisiana workers’ compensation system is a “no-fault system.” This means that an injured New Orleans worker typically does not have to prove that an employer caused an accident through negligence to pursue workers’ compensation benefits. Likewise, simply making a mistake at work does not necessarily prevent you from receiving benefits. Here we explain why and how a lawyer can help you.
You Usually Do Not Have to Prove Your Employer Was at Fault
At the outset, it is important for injured New Orleans workers to understand that New Orleans workers’ compensation is different from a typical personal injury lawsuit. In a personal injury case, an injured person typically needs to establish that someone else was legally responsible for the injury. However, Louisiana workers’ compensation works differently. Under Louisiana law, an employee may be entitled to workers’ compensation benefits for a qualifying injury caused by an accident arising out of and in the course of employment.
What If Your Employer Says the Accident Was Your Fault?
Workers make mistakes. A New Orleans worker might take a wrong step, lift something incorrectly, lose their balance, or accidentally use equipment the wrong way. However, an employer blaming you for a workplace accident does not automatically determine whether you are entitled to New Orleans workers’ compensation benefits.
There are exceptions to workers’ compensation coverage, so the circumstances of an accident still matter. However, an injured New Orleans worker should not simply give up on a potential claim because a supervisor says, “It was your fault.”
Report Your Injury Even If You Are Being Blamed
If you are injured at work in New Orleans, it is important to report the accident promptly. Do not assume that there is no reason to report your injury simply because your employer believes you caused it. Explain what happened accurately and get appropriate medical care. You should also keep any paperwork or other information you receive concerning the accident or your injury.
If your employer disputes your workers’ compensation claim or tells you that you are not entitled to benefits, it is time to speak with a New Orleans workers’ compensation lawyer about your rights.
A New Orleans Workers’ Compensation Lawyer Can Fight for You
Being blamed for a workplace accident in New Orleans can make an already stressful situation even more difficult. You do not have to accept your employer’s conclusion about whether you are entitled to workers’ compensation benefits. An experienced New Orleans workers’ compensation lawyer can review what happened, explain your rights under Louisiana law, gather evidence related to your accident and injuries, address disputes with your employer or its insurance company, and fight for the workers’ compensation benefits available to you.
The experienced New Orleans workers’ compensation lawyers at Lunsford Baskin & Priebe, PLLC represent injured workers throughout New Orleans. If you were injured at work and you need legal help, contact Lunsford Baskin & Priebe, PLLC today to discuss your case now.
