Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
Construction work plays a vital role in Louisiana’s economy. From road expansions to commercial buildings, workers are on the frontlines of progress. But construction sites are also dangerous. A single mistake can lead to serious injuries—or worse. Understanding your legal rights after a construction accident in Louisiana can make a huge difference in how you recover physically, financially, and emotionally.
Whether the injury happened in New Orleans, Lake Charles, or elsewhere in the state, this guide explains what steps to take, how the law works, and what options you may have for compensation.
Construction accidents happen in many ways, often due to unsafe conditions or human error. Some of the most frequent causes include falls from scaffolding or ladders, being struck by falling tools or debris, and electrocution from exposed wiring. Heavy machinery like cranes, bulldozers, and forklifts can also malfunction or be misused.
Weather can also play a role. Rain makes surfaces slippery, and wind can knock over tools or unstable structures. Sometimes, employers or contractors fail to follow safety rules, ignore OSHA guidelines, or rush jobs to meet deadlines, putting workers at unnecessary risk.
According to OSHA, one in five worker deaths in the U.S. occurs in construction, and the top causes include falls, being struck by objects, electrocution, and being caught in/between incidents.
If you’re injured on a construction site in Louisiana, your legal options fall into one of two categories: workers’ compensation or a personal injury lawsuit.
Workers’ compensation is a no-fault system. That means you can receive medical care and partial wage replacement without having to prove anyone was at fault. It’s the most common path and typically covers hospital bills, doctor visits, physical therapy, and part of your lost income.
However, if your injury was caused by someone other than your direct employer—like a subcontractor, equipment supplier, or property owner—you may also be able to file a personal injury claim. This type of lawsuit can allow you to recover a broader range of damages, including full lost income, suffering, and long-term assistance for disabilities.
If your injury was caused by a third party, like an equipment manufacturer or subcontractor, you may be entitled to file a personal injury lawsuit in addition to receiving workers’ compensation.
In most cases, your employer’s workers’ comp insurance is the only way you can recover damages from them, even if the accident was their fault. This is called the “exclusive remedy” rule. But there are exceptions. If your employer didn’t carry the required insurance or intentionally caused harm, you might have the right to file a lawsuit against them.
Third-party liability opens the door to additional compensation. For example, if a scaffolding system collapsed due to a design defect or lack of maintenance, the company responsible for that equipment could be held liable. You would need to show that their negligence directly caused your injuries.
According to Louisiana law, injured workers typically have a year from the accident date to make a personal injury claim. – Louisiana Civil Code Article 3492
If you’re hurt on a construction site, don’t wait to act. The steps you take in the hours and days after the injury matters a lot.
First, report the injury to your supervisor. This creates a record that can support your claim later. Then, get medical help immediately. Even if the injury seems minor, a doctor can assess hidden damage and document your condition.
Take pictures of the accident scene. If a ladder was broken, wiring exposed, or weather played a role, capture that. Collect the names and contact info of witnesses. Keep any damaged tools or gear. Write down what happened while it’s still fresh in your mind.
Charbonnet Law Firm, LLC brings decades of experience helping Louisiana construction workers secure financial recovery for job site injuries.
|
Feature |
Workers’ Compensation |
Personal Injury Lawsuit |
| Fault Required? | No | Yes (must prove negligence) |
| Pain & Suffering Damages? | No | Yes |
| Covered Parties | Employee vs. Employer | Injured person vs. third party |
| Types of Compensation | Medical bills, partial wages | Full lost wages, pain, suffering |
| Legal Complexity | Lower | Higher – requires investigation |
| Can Be Combined? | Sometimes | Yes, if a third party is involved |
To build a strong case, gather key evidence like the employer’s incident report, medical records, and any OSHA findings. Take photos of the scene and keep messages from supervisors. Witness statements and expert opinions can also help. A daily journal tracking your pain and recovery adds personal context.
Report the injury to your supervisor, get medical care, and document the scene with photos and witness names. These first steps can protect your health and legal rights.
Not usually. Louisiana law limits your options to workers’ compensation unless your employer intentionally caused harm or doesn’t have insurance.
You generally have one year from the date of injury to file a personal injury lawsuit, according to Louisiana Civil Code Article 3492.
Full lost income, pain and suffering, and other damages not covered by workers’ compensation can be obtained through personal injury claims.
It’s not required, but a lawyer can ensure your rights are protected—especially if your claim is denied or a third party is involved.
Construction site injuries can turn your world upside down. Whether it’s a back injury from a fall or a serious accident caused by faulty equipment, Louisiana law offers different paths to recovery. Workers’ compensation provides immediate medical care and limited income support. But when someone else was at fault—like a subcontractor or equipment supplier—you may also be able to seek full compensation through a personal injury lawsuit.
Following a work site injury, you can proceed by being aware of your rights, gathering solid proof, and acting appropriately as soon as possible. You don’t have to handle the legal process alone.
Charbonnet Law Firm, LLC has helped injured workers across Louisiana navigate these complex cases. By handling both workers’ comp and third-party claims, The firm can help you at every stage and fight for the money you are due.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
