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Frischhertz Poulliard Frischhertz & Impastato LLC Frischhertz Poulliard Frischhertz Impastato LLC. | Personal Injury Law
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I got hurt on the job; can I sue my employer?

Like the other states, Louisiana has a workers' compensation system designed to help employees in New Orleans and throughout this state get money quickly and efficiently when they get injured at work and need coverage for lost wages and medical bills. The trade-off, however, is that Louisiana employees ordinarily may not sue their employers for injuries, since, in theory, those injuries get covered by workers' compensation.

Although there may sometimes be a question as to whether an injury was truly "job-related," pretty much any injury that occurs while on the clock will get covered by workers' compensation, meaning employees in Louisiana are protected because they have benefits, and employers are protected from lawsuits

The good news for Louisiana employees is that workers' compensation is a "no fault" system in this state, meaning that, subject to rare exceptions, an employer will have to pay workers' compensation even if the employee bears considerable responsibility for the accident.

On the other hand, an employee who gets hurt on the job will generally not be entitled to pain and suffering or other "emotional damages;" the employee will get his or her legitimate medical bills paid off and will get either all or part of his or her lost wages. Unfortunately, for some worker injuries, reimbursing medical bills and covering lost wages is simply not enough to make a person whole.

Louisianans should keep in mind, however, that even if suing one's employer is legally off the table, an injured worker may be able to sue third parties who were also responsible for the accident. In some situations, an employer may be sued in a "non-employer" capacity, for example when the employer also was the developer of a dangerous piece of equipment that caused the injury question.

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