New Orleans runs on shipping terminals, construction sites, industrial plants, hotels, and a hospitality industry that rarely slows down. When a workplace accident leaves you hurt, Louisiana's workers' compensation system is designed to cover your medical care and a portion of your lost wages, regardless of who caused the accident. At Frischhertz & Impastato, our New Orleans workers' compensation attorneys help injured workers file, appeal, and build strong claims after job-related accidents.
What often gets missed is that workers' compensation is not always the only source of recovery available. When a workplace accident is caused by someone other than your employer or a coworker, such as a subcontractor, equipment manufacturer, property owner, or another driver, you may also have grounds for a third-party lawsuit in addition to your workers' comp benefits. We evaluate every workplace accident case from both angles, because relying on a comp claim alone can leave real compensation unclaimed.
How Louisiana's No-Fault Workers' Compensation System Works
Louisiana's workers' compensation system operates on a no-fault basis, meaning an injured worker does not need to prove the employer was negligent to receive benefits. In exchange, workers' compensation is generally the exclusive remedy against an employer or coworker for a workplace injury, except in cases involving an intentional act (La. R.S. 23:1032). This trade-off is also what limits a standard workers' comp claim: it covers medical treatment and a share of lost income, but it does not compensate for pain and suffering or the full extent of a worker's lost earning capacity.
Common Workplace Accidents We See
Workplace injuries in New Orleans span a wide range of industries and causes, including:
Falls from scaffolding, ladders, or unstable surfaces at construction sites
Injuries from defective tools, machinery, and other work equipment
Truck accidents and other vehicle collisions while driving or working near traffic
Repetitive motion injuries and cumulative trauma
Occupational exposure to chemicals, fumes, or other toxic substances
Workers' Comp Benefits
A properly handled workers' compensation claim may provide:
Payment of reasonable and necessary medical treatment
Temporary total disability benefits while you cannot work at all
Temporary partial or supplemental earnings benefits if you return to lower-paying or light-duty work
Permanent partial or permanent total disability benefits for lasting impairments
Death benefits for surviving family members in fatal workplace accidents
Workplace Accidents & Third-Party Lawsuits
Workers' compensation only replaces the right to sue an employer or a coworker. If your injury was caused, in whole or in part, by someone outside that relationship, Louisiana law allows you to pursue both a workers' compensation claim and a separate lawsuit against that third party (La. R.S. 23:1101). A third-party lawsuit can recover damages a comp claim cannot, including pain and suffering, full lost wages, and loss of enjoyment of life, though any compensation benefits already paid are typically subject to a credit or reimbursement from that recovery.
Third-party work accident claims in New Orleans may arise from situations such as:
A subcontractor or another company's employee causing an accident on a multi-employer job site
A defective product, tool, or piece of machinery made or maintained by an outside manufacturer or vendor
A workers' compensation claim and a third-party lawsuit run on separate clocks. Workers' compensation claims are generally barred if not filed within one year of the accident (La. R.S. 23:1209). A separate third-party lawsuit, by contrast, is generally subject to Louisiana's two-year prescriptive period for tort claims that took effect for injuries occurring on or after July 1, 2024 (La. Civ. Code art. 3493.11).
Missing either deadline can permanently close off that avenue of recovery, which is why we recommend having both potential claims reviewed as soon as possible after a workplace accident.
Involve a New Orleans work Injury Lawyer
Our attorneys bring a combined 85-plus years of experience to workplace accident and workers' compensation cases in the New Orleans area, and we have recovered more than $700 million for injured clients across Louisiana. When you work with Frischhertz & Impastato, your case is not handled by a single attorney working in isolation. Our team collaborates on every workers' compensation and third-party claim, drawing on varied backgrounds in litigation, negotiation, and trial work to build a complete picture of what happened and who is responsible. We prepare every case as though it may need to go before a judge or jury, which shapes how thoroughly we investigate and negotiate on your behalf.
A compilation of the Frischhertz & Impastato attorneys and staff at work and interacting with clients.
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