While the workers compensation program in Louisiana is designed to help compensate injured workers, it can sometimes fall short of actually covering expenses incurred after an accident. If a third party caused or contributed to a workplace accident, affected workers can seek compensation under the legal theory of third party liability.
Oftentimes on a jobsite, other companies are subcontracted to work on the site that are not employees of the owner or operator of the business premises. If these entities, third parties to an employee, are negligent or reckless and cause the employee to get injured, he or she may be able to hold the third party liable for their injuries.
Unlike workers compensation, those claiming third party liability can seek compensation for pain and suffering and lost wages. If the worker is killed by the third party’s negligence, the widow/widower and/or other dependents can seek loss of companionship and loss of financial support. Additionally, punitive damages can also be sought for a third party’s gross negligence.
Third party liability also differs from workers compensation in that workers compensation is a no fault system, meaning you do not have to prove liability to receive workers compensation. That workers comp coverage is limited by law and often insubstantial. However, third party liability must be proven to receive compensation and there are far less legal restrictions on the amount of financial damages that can be recovered.
Construction industry workers have the ability to file lawsuits for third party liability more than in any other industry. Because construction requires dozens of specialized workers like electricians, carpenters, and HVAC technicians, among others, on the jobsite the potential for third party negligence is much higher.
While some jobsites come with more inherent dangers than others, all workers have a right to safe workplace, and when a negligent party compromises the safety of a jobsite and causes an accident, they need to be held responsible.
The experienced third party liability attorneys at Hoffoss Devall know how devastating a work injury can be, and are willing to work with you to seek complete compensation for your injuries. Call us today for a free consultation to discuss your case and your legal options.