Have you been injured on the job? If so, you might be wondering whether you can file a personal injury claim while receiving workers’ compensation benefits.
This is a common concern for employees who want to ensure they receive full compensation for their injuries. The good news is that you may be eligible for workers’ compensation and personal injury damages in certain situations. However, understanding the legal distinctions between workers’ compensation and personal injury claims is essential to avoid pitfalls.
Workers’ compensation is a no-fault system. It helps employees cover medical bills and lost wages after a work-related injury. On the other hand, a personal injury lawsuit is based on negligence. It allows injured individuals to recover damages beyond what workers’ compensation provides. In Louisiana, specific laws determine when you can file both claims. Let’s explore how these laws work and what you need to know.
Understanding Workers’ Compensation in Louisiana
Workers’ compensation is an insurance program that provides benefits to employees who sustain work-related injuries. Unlike personal injury lawsuits, workers’ comp does not require proof of fault. The employee is entitled to benefits if the injury occurred while performing job duties. They don’t need to prove someone else negligently caused their injuries to be eligible for workers’ comp.
Workers’ compensation covers medical expenses, wage loss benefits, and rehabilitation costs. However, it does not provide compensation for pain and suffering. This is one of the most significant limitations of workers’ compensation—and it’s why some injured workers explore personal injury lawsuits.
Louisiana’s Workers’ Compensation Act (La. R.S. 23:1020.1, et seq.) governs these claims.
Under this law, employers must carry workers’ compensation insurance. The law also states that employees generally cannot sue their employers for workplace injuries. However, there are exceptions. In some instances, a third-party lawsuit may be an option.
Louisiana Workers’ Compensation Act (LWCA) (La. R.S. 23:1020.1, et seq.) ensures that employees injured on the job receive medical and wage loss benefits. However, the law generally prevents them from suing their employer directly.
When Can You File a Personal Injury Lawsuit While Receiving Workers’ Compensation?
Workers’ compensation typically prevents employees from suing their employers. However, it does not block them from suing third parties responsible for their injuries. A third-party lawsuit allows you to seek additional damages that workers’ comp doesn’t cover, such as pain and suffering.
You can file a third-party claim or lawsuit when someone other than your employer is responsible for your injury. Here are some common scenarios:
- Car accidents on the job: If you’re a delivery driver or travel for work and are injured by another motorist, you can sue the at-fault driver while collecting workers’ compensation.
- Defective equipment or machinery: If a workplace injury occurs due to faulty equipment, the manufacturer may be liable.
- Negligent contractors or property owners: If you’re injured at a construction site due to the negligence of a contractor or property owner, you may have a claim.
It’s important to note that Louisiana follows a comparative fault system (La. C.C. Art. 2323), which means if you’re partially responsible for your injury, your compensation may be reduced. For example, if you were 20% at fault in an accident, your damages would be reduced by 20%.
Workers’ Compensation vs. Personal Injury: Key Differences
Since workers’ compensation and personal injury lawsuits operate under different legal rules, understanding their differences is crucial.
| Factor | Workers’ Compensation | Personal Injury Lawsuit |
| Fault Requirement | No-fault system (employer liability irrelevant) | Requires proving negligence |
| Compensation | Covers medical bills, wage loss | Includes medical costs, lost wages, pain & suffering |
| Pain & Suffering | Not covered | Can be claimed |
| Right to Sue Employer | Generally not allowed | Only if employer was grossly negligent or intentional |
Exceptions: When Can You Sue Your Employer Directly?
Most workplace injuries are handled through workers’ compensation. That said, some exceptions allow employees to sue their employers.
One key exception is intentional misconduct. An injured worker may file a lawsuit instead of relying on workers’ comp if an employer intentionally causes harm.
According to La. R.S. 23:1032(B), an employer can only be sued if they engage in intentional misconduct leading to injury.
Another exception applies to uninsured employers. Louisiana law mandates that employers carry workers’ compensation insurance. They lose their protection from lawsuits if they fail to do so, allowing injured workers to sue them directly for full damages.
Employers in Louisiana must carry workers’ compensation insurance. Failing to do so can make them directly liable for damages.
What to Expect When Filing a Personal Injury Claim While on Workers’ Compensation
There are important considerations to be aware of if you pursue a personal injury lawsuit while receiving workers’ comp. One major factor is subrogation, which means the workers’ compensation insurer may seek reimbursement from your personal injury settlement.
For example, if you receive workers’ compensation benefits and later win a personal injury case, the workers’ comp insurer may require you to repay the benefits they covered.
Another critical factor is Louisiana’s statute of limitations. In most cases:
- Workers’ compensation claims must be filed within one year of the accident (La. R.S. 23:1209).
- Personal injury lawsuits must be filed within one year under Louisiana’s prescriptive period (La. C.C. Art. 3492).
Acting quickly is crucial to preserving your rights.
FAQs
Can I receive workers’ compensation and a personal injury settlement simultaneously?
Yes, but any compensation from a personal injury lawsuit may require reimbursement to the workers’ compensation insurer for already-paid benefits. This is known as subrogation.
What happens if my employer does not have workers’ compensation insurance?
If your employer fails to carry the workers’ comp insurance required, you can sue them directly for full damages. This includes damages that workers’ compensation doesn’t cover, like pain and suffering.
How do I prove third-party negligence in a personal injury case?
You must show that someone other than your employer caused your injury to prove third-party negligence. Evidence such as accident reports, witness statements, and expert testimony can help establish fault.
Does a workers’ comp claim limit how much I can recover in a personal injury case?
Not directly. However, workers’ comp benefits may be deducted from your personal injury settlement through subrogation. An attorney can help maximize your recovery.
Is there a deadline to file a personal injury claim while on workers’ compensation?
Yes, under Louisiana law, you generally have one year from the date of the injury to file a personal injury lawsuit (La. C.C. Art. 3492).
Get Help Collecting Both Workers’ Comp and a Personal Injury Settlement
Understanding your legal options is crucial after being injured at work. While workers’ compensation provides benefits, it has limitations, especially when it comes to pain and suffering. In cases involving third-party negligence, you may be eligible for a personal injury lawsuit in addition to workers’ compensation benefits.
Suppose a third party, such as a negligent driver, a defective product, or an unsafe worksite, caused your injury. In that case, you may have the right to pursue additional compensation beyond what workers’ comp offers. However, laws in Louisiana can be complex, and making the wrong move could affect your ability to recover the full amount you deserve.
At Stephenson, Chávarri & Dawson, LLC, our experienced attorneys understand the complexities of Louisiana’s workers’ compensation and personal injury laws. If you’re unsure about your legal options or whether you qualify for a third-party claim, we’re here to help.
Get your free consultation today to discuss your case and explore the best legal path forward. Protect your rights and maximize your compensation by speaking with a legal professional who understands your situation.
