What Qualifies as a Workplace Accident in Louisiana?
If you are injured while working in New Orleans, you may assume that your injury automatically qualifies for workers’ compensation benefits. However, not every injury involving an employee necessarily qualifies as a workplace injury under Louisiana’s workers’ compensation system.
According to the Louisiana Workforce Commission, the event causing a New Orleans employee’s injury must arise out of and be within the course and scope of the employee’s employment. There are also certain circumstances in which an employee’s actions may affect whether benefits are available.
Understanding what qualifies as a workplace accident can help injured New Orleans workers better protect their rights. Here we discuss the basic requirements for workers’ compensation, when a worker’s actions may affect their right to benefits, and how an experienced New Orleans workers’ compensation lawyer can help.
A Workplace Injury Must Be Connected to Your Employment
Under Louisiana law, the event that causes an employee’s injury must “arise out of” and be within the “course and scope” of the employee’s employment. This means that whether an injury qualifies for workers’ compensation depends on the specific case and whether it was work-related.
In some cases, that connection may be clear. In others, there may be questions about whether the employee was acting within the course and scope of their employment when the accident occurred. These questions can become especially important when an employer disputes whether an injury qualifies for workers’ compensation benefits.
Does It Matter Who Caused the Workplace Accident?
Fault generally does not determine whether an employee can receive workers’ compensation benefits. According to the Louisiana Workforce Commission, the fault of the employer or employee typically does not affect whether an injury is compensable. Therefore, an injured New Orleans worker should not necessarily assume that making a mistake or contributing to an accident prevents them from receiving workers’ compensation benefits.
However, there are several situations in which an injured New Orleans employee may not be entitled to workers’ compensation benefits. For example, a New Orleans worker may not qualify if they intentionally injured themselves or someone else, or if they were the aggressor in an unprovoked physical altercation.
Louisiana Workers’ Compensation Laws Can Be Complex
Not every workplace accident is straightforward. You may know that you were injured while working but still have questions about whether the circumstances of your accident satisfy Louisiana’s workers’ compensation laws.
It is important to know that you do not have to make that determination by yourself. If you are unsure whether your injury qualifies, it is best to reach out to an experienced New Orleans workers’ compensation lawyer who can review what happened and explain your rights.
A New Orleans Workers’ Compensation Lawyer Can Help
If you were injured on the job in New Orleans, an experienced New Orleans workers’ compensation lawyer can review the circumstances surrounding your accident, help determine whether your injury may qualify for workers’ compensation, explain the benefits that may be available, and fight for you if a dispute arises.
The experienced New Orleans workers’ compensation lawyers at Lunsford Baskin & Priebe, PLLC fight for injured New Orleans workers. Contact Lunsford Baskin & Priebe, PLLC today to discuss your workers’ compensation case.
