In Louisiana, there were 120 fatal work injuries in the state in 2022, according to the Bureau of Labor Statistics. Many more workers suffered injuries on the job. These workplace injuries and fatalities had life-changing consequences for the individuals and families affected.
When a work injury happens, there is a specific legal process for recovering compensation. To understand your rights, you’ll need to talk with a Lafayette workplace accident attorney.
The Lafayette injury attorneys at Anderson Blanda & Saltzman can provide the legal representation that injured workers need and deserve. With more than 100 years of collective legal experience, our team has helped countless victims of workplace illnesses and injuries to fight for justice. Give us a call at (337) 233-3366 to schedule a free consultation and learn how we can represent you.
Common Causes of Workplace Accidents
The National Safety Council provides information on some of the top causes of accidents at work. According to the NSC:
- The most common cause of workplace injuries is exposure to harmful substances or environments. This counted for 28% of occupational injuries necessitating days away from work.
- Overexertion or bodily reactions was the second most common cause of workplace injuries, resulting in 23% of days away from work.
- Falls, slips, and trips which were the third most common cause of injuries at work, accounting for 20% of workdays missed due to injury.
NSC also explained how some of these injuries occurred including:
- Exposure to electricity, radiation, noise, temperature extreme, pressure changes, oxygen deficiency, and harmful substances
- Non-impact injuries from excessive physical effort or injuries from repetitive motion
- Slips and trips without falling, falling on the same level or falling to a lower level
- Contact with objects and equipment including moving objects striking workers, workers becoming caught in or crushed by machinery, or workers being injured by vibration, friction, or pressure
Violence, transportation injuries, and fires and explosions were also on the list of common injuries that left many workers impaired after an incident on the job.
Injuries and Illnesses From Workplace Accidents
After a workplace incident, workers suffer many different kinds of harm. Some of the different injuries and illnesses that commonly result from the performance of job duties include:
- Strains
- Sprains
- Bone fractures
- Repetitive stress injuries such as carpal tunnel
- Spinal cord damage
- Nerve damage
- Traumatic brain injury
- Limb loss
- Hearing loss
- Vision loss
- Cancers including mesothelioma
Whenever an injury or illness occurs as a direct result of an incident at work or develops over time due to the performance of work tasks, it becomes important for those harmed to understand their rights and pursue a claim for benefits.
Workers’ Compensation Claims and Work Accidents
Work injury claims are different from most types of injury cases because usually when you are hurt, you will file a personal injury lawsuit based on negligence. You’ll be able to recover compensation for medical bills, lost wages, pain and suffering, and emotional distress if you successfully prevail in your personal injury case.
Louisiana Workers’ Compensation laws establish a different system for work injuries. Instead of filing a civil lawsuit, workers who are hurt or made sick by their job tasks will go through the workers’ comp system. Most employers must buy workers’ compensation insurance, and workers will make a claim on that insurance by reporting their injuries to their employer in a timely manner.
When an injured or sick worker makes a workers comp claim, they don’t have to prove negligence or wrongdoing. All they must show is that they suffered physical harm as a direct result of their job duties or workplace performance. If they can demonstrate this, regardless of whether the employer did anything improper or failed to follow any safety rules, workers can qualify for benefits.
Benefits are different as well. There’s no compensation for things like pain and suffering or emotional distress. Instead, workers’ compensation insurance can provide coverage for things like:
- Medical treatment that is necessary due to the work injury
- Lost wages after missing more than seven days of work. If you miss more than 14 days of work, you’re also paid for the seven-day waiting period, according to the Louisiana Workforce Commission.
- Disability benefits. If you are temporarily or permanently disabled, you should be entitled to payment of disability benefits. You can get these benefits for both full and partial disability
The Louisiana Department of Insurance has a helpful guide to the dos and don’ts in the aftermath of an injury at work. This guide reminds injured workers to report their workplace illness or injury immediately to make sure they are able to get their claim covered. An experienced attorney can provide help in taking action to alert your employer so you aren’t denied the benefits you deserve.
The Department of Insurance also warns not to settle your case too soon, until you are confident you are satisfied with the outcome. You can work with Anderson Blanda & Saltzman Lafayette to review your settlement and make sure you are being treated fairly and getting the money you deserve.
Filing a Lawsuit After a Work Accident
The general rule is you cannot sue an employer after a workplace accident. However, there may be others you could pursue a civil claim against with the goal of getting compensation for additional losses for things like pain and suffering.
For example, if you were hurt in a motor vehicle accident while delivering something as part of your job, you could take action against the other driver in the crash if that motorist was to blame for the collision. Likewise, if you were hurt while using faulty machinery, the product manufacturer could be liable for your damages.
An experienced attorney can assist in identifying all defendants to maximize the compensation you deserve.
Anderson Blanda & Saltzman’s Lafayette Workplace Accident Attorney Can Help You Get Justice
Anderson Blanda & Saltzman provides dedicated and compassionate representation at every step of your work injury claim. Give us a call today at (337) 233-3366 to schedule a free consultation with a Lafayette work injury lawyer to learn more. We don’t charge legal fees unless we recover compensation for you and we’re prepared to help from day one in getting you the work injury benefits you deserve.