You may get hurt at work even when your employer had nothing to do with the accident. Another driver, for example, may hit you while you are making a delivery. When someone outside your job causes your injury, you may have more than one way to seek payment for your losses.
In Louisiana, workers’ compensation may cover your injury if it happened while you were doing your job. You may also have a separate claim against the person or business that caused the accident. The two claims follow different rules and cover different types of losses.
How workers’ compensation covers your injury
Workers’ compensation looks at how your injury relates to your work. In Louisiana, you generally do not have to show that your employer did something wrong.
If your injury qualifies, workers’ compensation covers necessary medical care. You may also receive wage benefits if the injury keeps you from working or reduces what you can earn. These benefits address the effects of your injury rather than who caused the accident.
When another party bears fault
Workers’ compensation law typically limits when you can sue your employer, certain co-workers and some businesses that the law treats as employers. If someone outside those groups caused your injury, you may also have a separate claim against that person or business.
In the delivery example above, workers’ compensation may pay for medical care and part of your lost wages. A claim against the driver would instead seek payment for losses caused by the crash. If you receive payment from the driver, your employer or workers’ compensation insurer may have a right to recover some benefits it already paid or reduce certain future payments.
Keeping useful records
Consider noting who was involved in the accident and what the other party did. You may also want to keep the accident report and records showing that you were working at the time. Keeping those records organized can help you understand your options and get ready for any claims or disputes that may follow.