Construction Site Injuries in Louisiana
Whether an injured construction worker in Louisiana can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Louisiana's workers' compensation law sets the general rule for construction injuries. A worker's compensation rights against the employer, and against a 'principal' (a company that contracts out work that is part of its trade or business), are exclusive of other claims except for… La. R.S. 23:1032; La. R.S. 23:1101(A)
| Construction site injuries | Louisiana's workers' compensation law sets the general rule for construction injuries. A worker's compensation rights against the employer, and against a 'principal' (a company that contracts out work that is part of its trade or business), are exclusive of other claims except for intentional acts. The worker may still sue a third party (someone other than the employer, principal or co-employees acting in the course of employment) whose fault caused the injury, while also receiving compensation. R.S. 23:1101: https://legis.la.gov/legis/Law.aspx?d=83361 . No search outside the workers' compensation chapter was done for a scaffold-type statute; no absence claim is made. |
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| Fault rule (comparative negligence) | Modified comparative fault with a 51% bar, effective January 1, 2026. An injured person who is 51% or more at fault cannot recover damages; a person who is less than 51% at fault has damages reduced by his or her percentage of fault. Fault is assigned to everyone who contributed, including non-parties. Damages are not reduced when the other party was an intentional wrongdoer. Before Acts 2025, No. 15 (effective Jan. 1, 2026), Louisiana used pure comparative fault; check which version applies to an older claim. Source: La. Civ. Code art. 2323 |
| Deadline to sue for an injury | Two years. Delictual (tort) actions, including personal injury claims, are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. This two-year rule took effect July 1, 2024, when the former one-year rule (Civil Code art. 3492) was repealed. Injuries that occurred before July 1, 2024 may be governed by the former one-year period; check the effective-date provisions of Acts 2024, No. 423 for older claims. Source: La. Civ. Code art. 3493.1 |
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FAQ
Can you sue for a construction accident in Louisiana?
Louisiana's workers' compensation law sets the general rule for construction injuries. A worker's compensation rights against the employer, and against a 'principal' (a company that contracts out work that is part of its trade or business), are exclusive of other claims except for intentional acts. The worker may still sue a third party (someone other than the employer, principal or co-employees acting in the course of employment) whose fault caused the injury, while also receiving compensation.
Can you recover damages if you were partly at fault in Louisiana?
Modified comparative fault with a 51% bar, effective January 1, 2026. An injured person who is 51% or more at fault cannot recover damages; a person who is less than 51% at fault has damages reduced by his or her percentage of fault. Fault is assigned to everyone who contributed, including non-parties. Damages are not reduced when the other party was an intentional wrongdoer.
What is the statute of limitations for personal injury in Louisiana?
Two years. Delictual (tort) actions, including personal injury claims, are subject to a two-year prescriptive period that begins on the day the injury or damage is sustained. This two-year rule took effect July 1, 2024, when the former one-year rule (Civil Code art. 3492) was repealed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.