You typically cannot get pain and suffering with workers’ compensation in Louisiana. The Louisiana Workforce Commission (LWC) explains that you are generally entitled only to coverage for medical costs, lost wages, and select other expenses which do not include pain and suffering in workers’ compensation claims.
Pain and suffering may be awarded as damages in a personal injury lawsuit. Depending on the nature of your accident, it may be possible to file a personal injury lawsuit against a liable third party in addition to your workers’ compensation claim.
You May Bring a Lawsuit Under Certain Circumstances
Workers’ compensation insurance generally protects those who have it from being sued by an employee who was injured on the job. However, there may be some circumstances under which you are warranted in bringing a lawsuit against your employer or another party.
Your employer could be liable for pain and suffering and other losses from a personal injury or wrongful death lawsuit if:
- They acted in an intentional manner, per Louisiana Revised Statutes (RS) §23:1032
- They did not have an active workers’ compensation insurance policy at the time that you were injured or became ill
Without circumstances such as these in place, you may be unable to get pain and suffering compensation from an employer.
Suing a Liable Third Party for Pain and Suffering
If another party aside from your employer was responsible in some way for your illness or injury, you may be able to file a personal injury lawsuit for pain and suffering damages against them in addition to your workers’ compensation case.
A third party could be responsible for an on-the-job injury or illness if:
- It produced or assembled a defective product that contributed to your injury
- It produced or assembled a product that caused you to be exposed to harmful toxins
- It produced a safety-related product that failed to protect you as it should have
There could be other circumstances relevant to your case which may warrant a third-party personal injury lawsuit. A personal injury lawsuit may allow you to recover pain and suffering and other types of damages that are beyond the scope of workers’ compensation benefits.
If you work with a lawyer on your case, they can help find out if you may have grounds to bring such a personal injury lawsuit.
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A Lawyer Can Help with a Workers’ Compensation Claim or Lawsuit
Whether you plan to bring a workers’ compensation claim, a third-party lawsuit, or both of these actions seeking compensation, a lawyer may be able to help you.
A lawyer can typically provide a variety of services on your behalf. Some of these may include:
- Discovering the facts about how your injury or illness occurred
- Determining whether your illness or injury could be covered by workers’ compensation, or whether a lawsuit may be more appropriate
- Gathering and organizing evidence related to your accident or illness
- Hiring any experts whose testimony may benefit your claim or suit
- Communicating with all parties on your behalf
- Filing your claim and any other necessary paperwork
- Making appearances on your behalf or alongside you
Working with a lawyer on your case may also allow you to focus completely on your recovery or coping with the loss of a loved one from a work-related accident or illness.
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Call Laborde Earles Injury Lawyers Today
Being injured can cause stress in many different aspects of your life. It may also be challenging to complete a workers’ compensation claim or a lawsuit within the legal deadlines while recovering from injuries.
If you work with Laborde Earles Injury Lawyers on your workers’ compensation or personal injury case, we can handle all of the legal work and deadlines on your behalf. Our firm can also answer your questions, provide legal advice, and discuss the possible outcomes of your case.
Call Laborde Earles Injury Lawyers today at (337) 777-7777 for a free consultation about our services with a member of our team. We can discuss your accident, your injuries, and if we believe you may be able to pursue pain and suffering damages in a personal injury lawsuit as part of this call.
Laborde Earles Injury Lawyers may be able to represent you on a contingency-fee-basis.
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