Suing Over a Work Injury in Louisiana
When Louisiana law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: Workers' compensation is the worker's exclusive remedy against the employer, any principal, and their officers, directors, stockholders, partners and employees, including punitive damages, unless another statute expressly creates a right to sue. La. R.S. 23:1032(A), (B), (C)
| Suing your employer | Workers' compensation is the worker's exclusive remedy against the employer, any principal, and their officers, directors, stockholders, partners and employees, including punitive damages, unless another statute expressly creates a right to sue. The main exception is an intentional act: the employer's civil and criminal liability for an intentional act is not affected. Officers, co-employees and others are also not immune if they were not acting in the normal course and scope of their employment at the time of the injury. Source: La. R.S. 23:1032(A), (B), (C) |
|---|---|
| Suing someone other than your employer | A worker who receives compensation may also sue a third person whose fault caused the injury. The employer or insurer that paid compensation may sue the third person to recover what it paid; whichever side files suit must promptly notify the other in writing, and the other may join the case. From any recovery, the employer is reimbursed first for compensation actually paid, and its credit against future benefits is reduced by the worker's attorney fees and costs. A worker who settles with the third person without notifying the employer or insurer and getting its written approval forfeits future compensation, including medical benefits. R.S. 23:1102: https://legis.la.gov/legis/Law.aspx?d=83362 ; R.S. 23:1103: https://legis.la.gov/legis/Law.aspx?d=83363 |
| If your employer has no workers' comp | If an employer fails to carry the required workers' compensation coverage, the worker's weekly compensation is increased by 50%. The workers' compensation judge assesses a civil penalty of up to $250 per employee for a first offense (capped at $10,000 for related violations) and up to $500 per employee for later offenses, and the state may proceed against the employer to collect penalties. Willfully failing to provide coverage can also bring criminal penalties. R.S. 23:1170: https://legis.la.gov/legis/Law.aspx?d=83395 ; R.S. 23:1169: https://legis.la.gov/legis/Law.aspx?d=83394 . |
Where to get help in Louisiana
More Louisiana workers' compensation
- Filing a Workers' Comp Claim in Louisiana
- How Much Workers' Comp Pays in Louisiana
- Workers' Comp Settlements in Louisiana
- Retaliation for Filing Workers' Comp in Louisiana
- Appealing a Denied Workers' Comp Claim in Louisiana
- All Louisiana workers' compensation rules
FAQ
Can you sue your employer for a work injury in Louisiana?
Workers' compensation is the worker's exclusive remedy against the employer, any principal, and their officers, directors, stockholders, partners and employees, including punitive damages, unless another statute expressly creates a right to sue. The main exception is an intentional act: the employer's civil and criminal liability for an intentional act is not affected. Officers, co-employees and others are also not immune if they were not acting in the normal course and scope of their employment at the time of the injury.
Can you sue a third party for a work injury in Louisiana?
A worker who receives compensation may also sue a third person whose fault caused the injury. The employer or insurer that paid compensation may sue the third person to recover what it paid; whichever side files suit must promptly notify the other in writing, and the other may join the case. From any recovery, the employer is reimbursed first for compensation actually paid, and its credit against future benefits is reduced by the worker's attorney fees and costs. A worker who settles with the third person without notifying the employer or insurer and getting its written approval forfeits future compensation, including medical benefits.
What if my employer doesn't have workers' comp insurance in Louisiana?
If an employer fails to carry the required workers' compensation coverage, the worker's weekly compensation is increased by 50%. The workers' compensation judge assesses a civil penalty of up to $250 per employee for a first offense (capped at $10,000 for related violations) and up to $500 per employee for later offenses, and the state may proceed against the employer to collect penalties. Willfully failing to provide coverage can also bring criminal penalties.
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.