Third Party Claims
Under the Louisiana Workers Compensation Acts, sometimes an employee may be injured by someone or something other than his employer or his co-employee. What other person, object or thing caused or contributed to the injury?
For example, was the injury caused by an at-fault driver in an automobile crash? Was it caused by the manufacturer of defective equipment? Was it caused by something on another persons’ property?
Equipment Should be Inspected
Every piece of equipment involved in an injury should be carefully inspected for a defect or faulty design that contributed to the injury. Alert your attorney of the job injury immediately so that he can take steps to secure the piece of equipment until a professional can perform a thorough examination. If the equipment is used, fixed or altered, vital evidence may be destroyed that could have otherwise helped in your potential third-party claim.
Police reports help in identifying third-party liability in auto accident cases. In addition to securing a copy of the report, obtain the names and addresses of any witnesses.
Timely photographs of the accident scene are helpful in establishing third party liability.
Longshore Harbor Workers Compensation Act
Finally, under the Longshore Harbor Workers’ Compensation Act, a stevedore, longshore worker, repair contractor or repair worker may even recover tort damages (pain and suffering and other damages) against his employer who is negligent as a shipowner provided the employee can prove the employer shipowner failed to exercise reasonable care in its (a) “Turnover” duty, (b) “Duty to warn” of hazards known to the shipowner, (c) Active operations duty or (d) Duty to intervene if unsafe condition becomes obvious to ship.
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.