As an attorney at Saunders & Chabert, I’ve seen countless cases where individuals who have suffered workplace injuries mistakenly believe that their only recourse is workers’ compensation. While workers’ comp is an essential safety net for many, it’s important to understand that there may be additional legal avenues available, especially when a third party is involved.
Understanding Workers’ Compensation
Workers’ compensation is a system of no-fault insurance that provides benefits to employees who are injured on the job. In exchange for these benefits, employees generally waive their right to sue their employers for negligence. However, this doesn’t mean that all workplace injuries are limited to workers’ compensation.
Tort Claims: When Workers’ Comp Isn’t Enough
A tort claim is a legal cause of action that allows an injured person to seek compensation for damages caused by the negligence or wrongful conduct of another party. Unlike workers’ compensation, tort claims are based on fault, meaning that the injured person must prove that the other party acted negligently or intentionally caused harm. These claims allow for the recovery of damages such as pain and suffering, lost earning potential, and punitive damages.
In many cases, workplace injuries involve a third party who may be at fault. For example:
- Delivery driver accidents: A delivery driver rear-ended by another vehicle while on the job could potentially have both a workers’ compensation claim against their employer and a tort claim against the at-fault driver.
- Third-party contractor negligence: An employee working for a company that contracts with a third party may have a workers’ compensation claim against their employer, but they could also have a tort claim against the third-party contractor if their negligence caused the injury.
- Defective products: If an employee is injured due to a defective product used on the job, they may have a tort claim against the manufacturer or supplier of the product.
Determining Eligibility for a Tort Claim
When considering whether you may have a tort claim in addition to workers’ compensation benefits, it’s essential to understand the specific factors that courts often consider. These factors can help you determine if a third party may be liable for your injuries:
1. Control Over the Injured Worker
- Direct control: Did the third party have direct supervision or control over the injured worker’s actions?
- Indirect control: Did the third party create the conditions that led to the injury, even if they didn’t directly supervise the worker?
- Nature of the work: Was the injured worker performing work that was primarily for the benefit of the employer or the third party?
2. Selection and Engagement
- Hiring party: Who hired the injured worker? Was it the employer or the third party?
- Engagement terms: Were there specific terms or agreements between the injured worker, the employer, and the third party?
- Duration of the relationship: How long had the injured worker been working for the employer or the third party?
3. Payment of Wages
- Source of income: Who paid the injured worker’s wages? Was it the employer or the third party?
- Payment structure: How were wages paid? Were they paid directly by the employer or through the third party?
4. Power of Dismissal
- Termination authority: Who had the authority to terminate the injured worker’s employment? Was it the employer or the third party?
5. Power of Control
- Work tasks and methods: Who determined the specific tasks the injured worker performed and how they were to be carried out?
- Work environment: Who was responsible for maintaining the safety of the work environment?
- Existence of a contract: Was there a written or oral contract between the employer and the third party that related to the injured worker’s employment?
Louisiana Statutes and Laws
Louisiana law recognizes the potential for both workers’ compensation and tort claims in certain workplace injury cases. The Louisiana Workers’ Compensation Law outlines the specific benefits available to injured workers and the circumstances under which an employee can waive their right to sue their employer. However, the Louisiana Civil Code also provides for tort liability, allowing injured parties to seek damages from third parties who have caused them harm.
Understanding Your Rights
If you’ve been injured in a workplace accident, it’s crucial to understand your legal options. While workers’ compensation can provide important benefits, there may be additional avenues available, especially if a third party is at fault. Consulting with an experienced personal injury attorney can help you determine your best course of action and protect your rights. Contact Saunders & Chabert today to schedule a free consultation.