Plant Accident
Louisiana's economy is largely stimulated by the energy, petrochemical, and construction industries throughout the state. With large-scale industrial hubs in Baton Rouge, New Orleans, Lake Charles, and along the Mississippi River, tens of thousands of workers face hazardous working conditions and health risks daily.
The consequences of an accident occurring within a plant, refinery, or construction site can be extraordinarily catastrophic due to the nature of the work involved and the heavy equipment used.
The duty of an owner or employer is to maintain a safe working environment. Aging and overused equipment is the leading cause of increased industrial accidents. Accidents occurring on premises of industrial sites can be life-threatening and perilous due to heavy machinery and intense work involved.
Louisiana Plant Accident Lawyer |
Baton Rouge Refinery Injury Attorney
Workplace accident claims in Louisiana generally fall under two primary legal categories: Workers' Compensation and Third-Party Liability.
Louisiana Workers' Compensation
The Louisiana Workers' Compensation Act (LWCA) was designed to provide compensation for employees injured within the scope of their employment or while on the job site. Within the LWCA is an "exclusivity rule" which states that in most cases, you cannot sue your employer directly for additional damages beyond what workers' compensation offers.
Key Aspects of Workers' Compensation Claims:
No-Fault System
You do not need to prove your employer was negligent to receive compensation. It is only necessary to show you were injured during the course and scope of employment.
Covered Benefits
Workers' compensation generally allows a victim to recover:
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Medical expenses
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Wage replacement benefits
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Permanent partial/total disability benefits
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Vocational rehabilitation
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Death benefits/burial expenses
Reporting Requirements
Report your injury to your employer as soon as possible. You have one year from the date of the accident to file a workers' compensation claim.
Choice of Doctor
By law, you may choose your own treating physician for an initial evaluation and may switch to other providers without employer or insurer approval.
Third-Party Liability in Louisiana Industrial Accidents
You may have the right to file a personal injury claim against a third party whose negligence contributed to your accident or injury. A third party is any entity or individual other than your employer or a co-worker not covered by the workers' compensation exclusivity rule.
Common Third Parties in Industrial Accidents:
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Equipment manufacturers
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Subcontractors
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Property owners
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Engineers and architects
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Maintenance or repair companies
Covered Benefits in Third-Party Claims
A successful third-party claim may provide compensation for damages beyond what workers' compensation offers:
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Past and future lost wages
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Loss of earning capacity
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Property damage
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Pain and suffering
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Loss of enjoyment of life
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Permanent disability or disfigurement
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Loss of consortium
Exception for Intentional Acts
Under rare circumstances, if an employer commits an "intentional act" that causes injury to an employee (meaning the employer desired to bring about the injury or knew with substantial certainty it would occur), an employee may sue their employer directly in civil court on top of receiving damages through workers' compensation.
Louisiana Industrial Accident Statute of Limitations
For personal injury lawsuits in Louisiana, the statute of limitations was changed from one to two years on July 1, 2024. For injuries occurring before July 1, 2024, the prescriptive period is one year from the date of the accident. For injuries occurring on or after July 1, 2024, the prescriptive period is two years from the date of the accident.
Most Common Louisiana Plant/Refinery/Construction Accidents
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Falls from heights
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Falling objects
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Crush injuries
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Explosions and fires
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Chemical exposure
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Electrocution
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Machinery accidents
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Slip, trip, and fall accidents
Navigating the complexities of workers' compensation and potential third-party claims after a severe industrial, refinery, or construction accident requires trustworthy and experienced legal guidance.
Bateman McDonald Law Firm represents injured workers and their families throughout Louisiana who experienced harm due to unsafe working conditions, industrial accidents, equipment failures, or employer negligence. Our legal team has a thorough understanding of the framework surrounding Louisiana's complex industrial landscape, and we will guide you every step of the way.