If you have been injured on the job, you likely have the right to seek compensation for your losses. Typically, two types of claims can arise from job-related injuries or illnesses: workers’ compensation claims and personal injury lawsuits. A personal injury lawsuit requires you to prove that someone else was at fault, while workers’ compensation doesn’t.
To prove negligence in the workplace, you need strong evidence of the events leading up to the injury and its aftermath. Our workplace negligence lawyers in Louisiana can help you gather and present this evidence to increase your chances of receiving fair compensation.
We have a strong track record of securing high-value case results for our clients. Their glowing testimonials speak for themselves. Contact us today to schedule a free consultation if you’ve suffered a workplace injury.
Understanding Negligence in the Workplace
Workplace injuries are common in many industries. Louisiana law requires nearly all employers to purchase workers’ compensation insurance to cover these injuries. Workers’ compensation can pay for medical treatment, lost wages, and disability benefits no matter who’s at fault for the injury. You don’t need to prove your employer was negligent to receive workers’ compensation benefits.
In fact, the workers’ compensation system generally prohibits you from suing your employer for negligence-based compensation. However, you may file a personal injury claim against an at-fault third party, such as a contractor, subcontractor, vendor, or product manufacturer. Various types of third-party misconduct may result in a Louisiana personal injury claim, including:
- Failure to maintain or repair work tools.
- Failure to warn about known safety hazards.
- Manufacturing dangerous products.
- Negligent hiring or supervision.
Proving negligence in the workplace generally isn’t necessary for minor injuries covered by workers’ compensation. However, if your injury is severe or long-lasting, or if you have a wrongful death case, workers’ compensation benefits may not be enough to cover your losses.
In these cases, filing a lawsuit may be the only way to secure full and fair compensation for yourself and your family. If your employer has workers’ compensation, your employer must commit an intentional act against an employee or there is a separate third-party responsible for the negligence. The workplace negligence lawyers at Shamieh Law are a phone call away and ready to help.
What Needs To Be Proven in a Workplace Accident Lawsuit?
The most common cause of action in personal injury lawsuits is negligence. You must prove the following elements to recover compensation from a negligent third party after a workplace injury:
- Duty of care – The third party owed a duty of care to avoid harming others.
- Breach of duty –The third party failed to meet their duty of care.
- Causation – You suffered harm due to the third party’s breach of duty.
- Damages – You experienced compensable damages, such as medical expenses or lost wages, due to your injury.
Proving these elements can be difficult, especially without experienced legal representation. Our skilled workplace negligence lawyers can manage your case and help you fight for maximum compensation under the law.
What Evidence Is Needed to Prove Negligence in a Workplace?
The strength of your case depends heavily on the quality, clarity, and availability of evidence in your favor. Many types of evidence can support a claim against a negligent third party, including:
- Witness statements from coworkers, customers, or other individuals present during the accident.
- Photos or videos of the accident scene or any hazardous conditions in the workplace.
- Incident reports from the workplace.
- Safety reports or documented OSHA violations related to the incident.
- Medical records and expert testimony from medical professionals regarding your injury, its cause, and its treatment.
- Work logs, training records, or other documents showing inadequate safety measures.
Work With an Experienced Workplace Injury Lawyer
After a workplace accident, you’re likely dealing with enough stress and pain, and filing legal paperwork is probably the last thing on your mind. Let our skilled attorneys handle the legal ins and outs of your claim while you focus on recovering.
At Shamieh Law, we’re dedicated to helping injury victims secure the best outcome possible. We have decades of combined experience helping countless satisfied clients secure millions in compensation. Whether you file a no-fault workers’ compensation claim or a negligence-based lawsuit, our workplace injury lawyers are ready to put their experience to work on your behalf.
Contact us online or call (469) 813-7332 for a free consultation to learn about your legal rights and options. Under the Louisiana personal injury statute of limitations, you have limited time to file a lawsuit, so do not wait to get started.
