DO YOU FILE FOR WORKERS COMP OR A PERSONAL INJURY LAWSUIT WHEN INJURED AT WORK?
This is the first question that has to be answered, and the answer may have significant financial implications. The issue at hand is whether or not the employer was negligent.
Negligence means that the employer failed to exercise an appropriate standard of care. Louisiana law understands that sometimes accidents happen. But when they happen because an employer was negligent, then the plaintiff may be able to file a personal injury lawsuit. The potential—although not the guarantee—of a significantly higher financial settlement is there in personal injury cases.
Conversely, workers compensation does not require an employer to have been negligent. The mere fact that the employee has been injured is all that’s necessary to qualify for benefits. Good legal counsel can help clients make sure they are following the appropriate steps to get their benefits approved. But the benefit levels in workers comp claims tends to be lower than what a jury might award in litigation.
Reach out to our Shreveport workplace accidents attorney today by calling (318) 220-4095 or by filling out our online contact form today.
HOW DO YOU PROVE NEGLIGENCE IN LOUISIANA?
There are four components of negligence and all four must be present for a plaintiff to secure a settlement. They are as follows…
- Duty of care
- Breach of duty
- Causation
- Damages
The first element is often self-evident in workplace injury cases. Employers owe a duty of care to their employees. Proving whether the duty was breached can involve more investigative diligence. Our Shreveport workplace accidents lawyer will be out to show that the employer failed to do what a reasonable person would have done to ensure a safe working environment.
If breach is present, it must then be shown that the breach was what caused the injury. Finally, the full scope of the damages—the lost income, the medical expenses, the recovery costs, the mental toll, the potential loss of joy in life, must all be documented for the negotiations—and, if need be, for the jury.
