The potential for employees to suffer from injury or illness while on-the-job exists in nearly every industry. This is why Louisiana employers are required to carry workers’ compensation insurance to assist injured workers with medical costs, lost wages and other financial needs as they recover. In some workplace accidents, however, a third party may bear some responsibility for your injuries, and you may be entitled to more than just workers’ compensation benefits.
When many Louisiana employees think of workers’ compensation, they think about an accident that causes broken bones, head injuries and other physical injuries. However, certain illnesses and ailments are also considered to be work-related. Some conditions develop over time, such as carpal tunnel syndrome from repetitive motion or hearing loss due to working in a noisy environment, along with illnesses that develop from exposure to toxic chemicals.
Regardless of the circumstances under which you were injured or contracted an illness, it is typically a smart idea to contact an attorney to help you with your workers’ compensation claim. He or she will also evaluate whether grounds exist for a third-party claim. An attorney will review the circumstances surrounding your injury or illness, advise you of your rights and let you know your options.
Work-related injuries or illnesses can be debilitating. While you are recovering, you should not have to worry about how to pay for your medical care or how you will pay your other bills. Your attorney can help you obtain any workers’ compensation benefits to which you are entitled and, if appropriate, file a claim against the third party or parties that may also be responsible for your injuries. Successfully proving negligence could result in an award of damages that could include an award of damages not applicable to workers’ compensation benefits, such as pain and suffering as well as loss of companionship.
Worker's Compensation
Did You Suffer a Workplace Injury? Third Parties May Be Liable
Men and women who work in construction, industrial settings and Louisiana oilfields have some of the most dangerous jobs. When someone working in these hazardous industries suffers a workplace injury, they often look to workers’ compensation insurance to cover their medical bills, lost wages and other needs. However, there is the possibility that third parties may face claims for financial liability for an injury suffered at work.
Not all of the incidents that cause workplace injuries are true accidents. Defective equipment, poor maintenance and violations of the safety guidelines set by the Occupational Safety and Health Administration lead to numerous serious and fatal injuries each year. Even though workers’ compensation benefits are available for both injured workers and for the surviving family members of an individual who died in a work-related accident, those benefits may not be enough.
A Louisiana attorney who specializes in both workers’ compensation and third-parties claims regarding workplace accidents can review your case to determine whether litigation against a third party or parties is appropriate. An investigation will be conducted to identify parties who may be at fault for your injuries or the fatal injuries suffered by your loved one. While working to obtain all of the workers’ compensation benefits to which you are entitled, a separate lawsuit may also be filed.
A serious workplace injury can rob you of weeks, months or even years of your life while you attempt to recover from your injuries. A fatal injury can rob a family of a loved one, along with his or her income. During that time, a significant amount of damages may be accumulated, some of which might not be covered by workers’ compensation benefits. If third-party litigation is successful, a monetary judgment for damages sustained due to an on-the job injury may be awarded.
Preventing a Workplace Injury for Communication Tower Workers
As cell phone technology improved, and the demand for them increased, so did the need for communication towers to expand and maintain the continuity of service around the country and here in Louisiana. This formerly specialized industry has grown exponentially in the last 30 years. Along with that growth, the possibility for a workplace injury has also dramatically increased.
Communication towers can reach heights of more than 1,000 to 2,000 feet. This means that the workers who erect and maintain them are often working at heights of 100 feet or more. This puts the risk of falling from those heights at the front of the line for the cause of injuries. However, other hazards exist as well.
These employees are required to work in inclement weather, which has its own hazards and also makes a tower’s surface even more treacherous to climb. Electrical hazards, equipment failure and the possibility of the tower collapsing also put workers at risk. It is also necessary to hoist equipment and parts up the tower, and if they are not properly secured, those objects could fall and cause injury to unsuspecting workers below.
If you work in this industry and suffer a workplace injury, or you lost a family member in an on-the-job accident, your financial situation could be adversely affected. The Louisiana workers’ compensation system provides benefits to injured workers for medical treatment and other expenses related to your recovery. Different benefits are available, depending on the severity of your injury. If you are a surviving family member of a worker who died, benefits may be available to you as well. An attorney can review your situation and help you pursue all of the benefits to which you may be entitled.
Road Construction Crews at Risk of Suffering a Workplace Injury
All Louisiana construction workers face dangers at work every day. However, road construction crews have the added hazard of speeding vehicles that pass close to them continuously. This puts each of them at the risk of suffering a workplace injury caused by a third party who failed to slow down and pay attention in the construction zone.
Many road construction projects are done after dark in order to take advantage of lesser traffic. The dangers are evident enough during the daylight hours, but when crews work at night, the risk of injury increases exponentially. Even with the use of lights, reflective vests and other safety measures, it can be difficult to see workers — especially at a high rate of speed.
Two recent accidents on Louisiana 30 prompted the Louisiana State Police to remind drivers that reduced speeds in construction zones are not there to inconvenience them, but instead, they are necessary in order to help protect the people who work in the area. In one accident, a hit-and-run driver seriously injured a man. Authorities were still searching for the vehicle and its driver at last report. The second accident involved a head-on collision that killed a worker.
The injured worker and the family of a deceased worker may be entitled to workers’ compensation benefits as a result of a workplace injury. However, it may also be possible to file third-party claims against the drivers responsible for the accidents in which these men were involved. Successfully litigated claims could result in an award of damages if the negligence of the party or parties deemed responsible is established to the satisfaction of the court.
2 Men Suffer a Fatal Workplace Injury in Louisiana
Workers out in the field in the oil and gas industry understand the potential dangers of their jobs. The volatile liquids and gases they work with could ignite at any time. Two men recently suffered a fatal workplace injury at a gas well in Louisiana.
The two men were focused on a pressure test of the well. For some reason, the high pressure involved in the test caused a component of the well to break free. The two workers suffered fatal injuries to which they succumbed at the job site. A third person suffered injuries for which he was treated at a local hospital. The hospital released him the same day.
No further details concerning the cause of the accident were reported. An investigation is underway by investigators from the Occupational Safety and Health Administration, along with state and local officials. The victims were both from Texas, but the gas well they were working on is located in Lincoln Parish.
Apparently, Wildhorse Operations has no known history with OSHA in Louisiana. Of the nearly 50 wells that Wildhorse has received permission to drill, about half are near the production stage. It could be some time before any information is available regarding the details of the accident.
When a workplace injury occurs, determining its cause may prevent similar incidents in the future. In the meantime, the families of the two deceased men may be able to receive workers’ compensation benefits to cover the expense of burying their loved ones. It may also be possible for covered dependents to receive a compensation package for the loss of income. Moreover, the injured worker may also be entitled to benefits — at least to cover any medical attention necessary and time off from work as he struggles to recover.
Workplace Injury a Concern at Louisiana Chemical Plants
In a time when the economy is still recovering from a recession, many people are grateful to find work — even if its dangerous. As more chemical plants open up in Louisiana, the risk of workplace injury may also increase. In the wake of several chemical plant explosions, the focus on workplace safety in chemical plants has increased.
These plants are in a period of rapid expansion, and there is concern that worker safety may be compromised. This is part of the reason that a new oversight group has been created and agencies are encouraged to share information in an effort to improve the handling and storage of dangerous chemicals. Even though the American Chemical Council reports that there has been a 58 percent drop in chemical plant accidents, there is still room for improvement.
Recently, a plant located in the town of Geismar that is nestled between Baton Rouge and New Orleans had an explosion that killed two workers and injured over 100 more. The next day, a fertilizer plant on the other side of the river in Donaldsonville had an explosion that led to the death of one worker and the injury of eight workers. These are just two of many plants that make up what has been called a “chemical corridor” where nearly one-fourth of the petrochemicals in the United States are processed.
Anyone in Louisiana that works at a chemical plant may understand that there are certain dangers that accompany the job. However, that does not mean that employers should not be held responsible for doing everything possible to prevent a workplace injury. Unfortunately, even when an employer is diligent and focuses on worker safety, the possibility of injury or death still exists. In those cases, workers or their families may receive workers’ compensation benefits designed to assist with the financial difficulties associated with recovery or the loss of a loved one.