Suing While Collecting Workers’ Compensation Benefits in Louisiana
If you have been injured or made sick in a Louisiana worksite accident, you may be considering bringing a Louisiana personal injury lawsuit against your employer. But can you bring a legal claim against your employer if you are collecting Workers’ Compensation benefits?
Simply put, the answer is no. Workers’ Compensation law is a two-way street. The purpose of Workers’ Compensation benefits is to provide protection for both the employee and the employer. The worker can expect their medical bills and costs to be paid, and employer is granted protection from litigation.
However, you may be able file a Louisiana workers’ compensation lawsuit against a third party.
Filing a Third Party Lawsuit While Collecting Workers’ Compensation Benefits
You may be able to sue a third party while you are collecting Workers’ Compensation benefits.
In many cases, a Louisiana workplace accident will involve negligence on the part of more than one party. It is possible to bring a lawsuit against someone other than your employer if it can be proven that the third party’s negligence contributed to your injury.
For example, if you were injured while using a piece of equipment that turns out to be defective, you may be able to file a lawsuit against the equipment manufacturer. Because all legal matters can be complicated, it is best to consult an experienced Louisiana personal injury attorney anytime settlements or compensation are discussed after a Louisiana worksite accident.