Lawsuit Against Employer for Ignoring Worker Safety Concerns Removed to New Orleans Federal Court
In October, an industrial worker filed suit against his employer and another party in Jefferson Parish District Court for an injury which allegedly occurred after his employer failed to heed his protests regarding the safety of a work procedure. In his lawsuit, Tyrone Wilson claims he was injured on October 10, 2010 while working for T.T. Coatings Inc. on a petroleum chemical barge. Wilson claims he was instructed to pull frozen test rods out of the open end of a metal shaft assembly with pliers while another employee heated the rods from the opposite end. He also stated after he protested the procedure to his employer he was threatened with termination if he did not continue. While the rod was being heated, it purportedly exploded in Wilson’s direction and injured him.
Wilson has accused TT Coatings of committing an intentional tort by ordering him to engage in a dangerous activity despite that his employer knew he was likely to be harmed. He also accused Kirby Inland Marine Transportation Co. of negligence. Wilson alleges the Kirby Corporation required TT Coatings employees to engage in an inherently dangerous work activity, failed to maintain the company’s equipment, placed workers in harm’s way in an attempt to save money, and demanded workers use an unsafe method to accomplish their task.
On January 11th, the case was removed to New Orleans federal court. In his complaint, Wilson asked the court to award him compensation for medical expenses, physical and mental pain and suffering, lost of wages, loss of enjoyment of life, permanent disability, court costs, and interest.
Unfortunately, workplace accidents and injuries occur all too often. Navigating the laws designed to protect employees can be complicated. In Louisiana, workers can be killed or injured while working on land, on the open seas, or adjacent to navigable waters. Where an injury occurs will have an effect on an employee’s right to recovery. The Louisiana Workers’ Compensation Act applies to most injuries which occur on land. Meanwhile, the Jones Act protects employees injured at sea and the Longshore and Harbor Workers’ Compensation Act applies to worker injuries which occur adjacent to navigable waters.
The Louisiana Workers’ Compensation Act provides monetary relief to employees who are injured on the job regardless of fault. The same is true for the Longshore and Harbor Workers’ Compensation Act. Workers’ compensation laws generally provide an employee with the only remedy available from an employer for workplace injuries. Exceptions do exist, however. Louisiana’s intentional act exception allows a worker to sue his or her employer for negligence if the employee can show the employer either consciously desired the physical result or knew it was fairly certain to happen as a result of the employer’s conduct. Additionally, a worker injured on the job may sue an at-fault third-party for damages beyond those available under traditional workers’ compensation laws. An experienced workers’ compensation attorney can assist you in navigating the legal process.
If you have questions regarding your workplace injury, Contact the Law Offices of J. Price McNamara J. Price McNamara for a free initial consultation. Our Louisiana personal injury lawyers represent clients throughout Louisiana. With offices conveniently located in both Baton Rouge and Metairie, our lawyers are nearby and ready to discuss your case. To speak with an experienced personal injury lawyer, call J. Price McNamara today at (866) 248-0580 or contact us through our website.
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