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Industrial accidents in Louisiana

Louisiana’s energy, petrochemical and construction industries employ tens of thousands of workers in industrial hubs across Baton Rouge, New Orleans, Lake Charles and along the Mississippi River. Because of the heavy equipment and dangerous processes involved, accidents at plants, refineries and construction sites can be catastrophic.

Owners and employers have a duty to maintain a safe working environment. When they fail, workplace injury claims in Louisiana generally fall into two categories: workers’ compensation and third-party liability.

Common plant, refinery and construction accidents

  • Falls from heights
  • Falling objects
  • Crush injuries
  • Explosions and fires
  • Chemical exposure
  • Electrocution
  • Machinery accidents
  • Slip, trip and fall accidents

Louisiana workers’ compensation

TODO: attorney to verify the workers' compensation statements in this section, including the one-year filing deadline and choice-of-physician rule.

The Louisiana Workers’ Compensation Act provides benefits to employees injured on the job. In most cases it is the exclusive remedy against your employer, meaning you cannot sue your employer for damages beyond what workers’ compensation provides.

  • No-fault system. You generally do not need to prove your employer was negligent, only that you were hurt in the course and scope of your employment.
  • Benefits. Workers’ compensation generally covers medical expenses, wage replacement, permanent partial or total disability benefits, vocational rehabilitation, and death and burial benefits.
  • Reporting. Report your injury to your employer as soon as possible. The old page stated a one-year deadline to file a claim.
  • Choice of doctor. You may generally choose your own treating physician.

Third-party claims

You may be able to bring a personal injury claim against a third party, meaning any company or person other than your employer or a co-worker, whose negligence contributed to your injury. Common third parties include:

  • Equipment manufacturers
  • Subcontractors
  • Property owners
  • Engineers and architects
  • Maintenance and repair companies

A successful third-party claim can provide compensation that workers’ compensation does not, including past and future lost wages, loss of earning capacity, pain and suffering, loss of enjoyment of life, permanent disability or disfigurement, and loss of consortium.

Intentional acts by an employer

TODO: attorney to verify the intentional act exception as stated.

In rare cases, if an employer intended to cause an injury or knew it was substantially certain to happen, the injured employee may be able to sue the employer directly in addition to receiving workers’ compensation.

Experienced guidance after an industrial accident

We represent injured workers and their families throughout Louisiana who were hurt by unsafe working conditions, industrial accidents, equipment failures or employer negligence. We will help you sort out workers’ compensation and any third-party claims, and guide you every step of the way.

Common questions

Plant, Refinery & Construction: questions we hear

Can I sue my employer after a plant accident?

In most cases, workers' compensation is the only remedy against your employer, but there are exceptions, and you may have a claim against other companies whose negligence contributed to your injury.

TODO: attorney review of this answer.

How long do I have to file a lawsuit against a third party?

For injuries on or after July 1, 2024, Louisiana generally allows two years to file a personal injury lawsuit (La. C.C. art. 3493.1). Injuries before that date fall under the former one-year period. Workers' compensation claims have their own deadlines.

Free consultation

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Call (225) 766-8484

Bateman McDonald Law Firm
6700 Jefferson Hwy, Baton Rouge, LA 70806

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