Job Injury Overview
Generally, workers’ compensation systems, such as the Louisiana Workers’ Compensation Act and Longshore Harbor Workers’ Compensation Act, do not require an injured worker to prove employer negligence. However, there are at least two compensation schemes, the Jones Act and the Federal Employer’s Liability Act (FELA), that require an injured worker to prove employer negligence.
WORKERS’ COMPENSATION - NO NEED TO PROVE EMPLOYER
NEGLIGENCE TO RECOVER WORKERS’ COMPENSATION BENEFITS
State and federal workers’ compensation statutes provide for fixed awards to employees or their dependants in case of employment related accidents and diseases, dispensing with need by employee to bring legal action and prove negligence on the part of the employer. Some of the statutes go beyond the simple determination of the right to compensation, and provide insurance systems, either under state supervision or otherwise. The various state acts vary as to the extent of workers and employment covered, amount and duration of benefits, etc.
The effect of most workers’ compensation acts is to make the employer strictly liable to the employee for injuries sustained by the employee which arise out of and in the course and cope of employment, without regard to the negligence of the employer or that of the employee. Where the statute applies, it has been uniformly held that this remedy is exclusive and bars any common-law remedy which the employee may have had against the employer, the compensation scheduled under the act being the sole measure of damages.
Lavis Law Firm handles workers’ compensation matters falling under the Louisiana Workers’ Compensation Act and the federal Longshore and Harbor Workers’ Compensation Act and the federal Defense Base Act. Click on the above links for a copy of our Complementary Fact Kit.
Many land based workers injured in Louisiana are covered by the Louisiana Workers’ Compensation Act. This Act is administered by the State of Louisiana, Department of Labor, Office of Workers’ Compensation Administration.
Longshore and harbor workers are covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA). LHWCA is administered by the federal Office of Workers’ Compensation Programs.
The Longshore and Harbor Workers’ Compensation Act is a federal act designed to provide workers’ compensation benefits to employees, other than seamen, or private employers any of whose employees work in maritime employment upon the navigable waters of the United States (including any adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an employer in loading, unloading, repairing, or building a vessel). The principal employments subject to the Act are stevedoring and ship service operations.
Third Party Liability Claims (for pain and suffering and other damages) may be made in the appropriate case against third parties, even where the Louisiana Workers’ Compensation Act or Longshore Harbor Workers’ Compensation Act apply.
Additional benefits to disabled workers are provided under Title II of the Social Security Act.
COMPENSATION SYSTEMS WHERE THE INJURED WORKER IS
REQUIRED TO PROVE EMPLOYER NEGLIGENCE.
The Jones Act is a federal statute passed in 1920 which provides that a seaman injured in the course of his employment by the negligence of the owner, master or fellow crew member can recover damages for his injuries. Similar remedies are available under the Act to the personal representative of a seaman killed in the course of his employment.
The Federal Employer’s Liability Act (FELA) is a federal workers’ compensation law which protects employees of railroads engaged in interstate and foreign commerce. Payments are made for death or disability sustained in performance of duties of employment.
If you need help or have any question about your job injury case, call me at 866-558-9151 or submit your inquiry online. Please be advised that you may be facing important legal deadlines so don't delay.