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Workers’ Compensation vs. Personal Injury

Often potential clients come to me seeking an evaluation for a personal injury claim or a workers’ compensation claim. What they do not always realize is that it is possible to have both claims for the same accident.

A classic example is the delivery driver that is rear ended by another vehicle. If the delivery driver was injured while he was making a delivery for his employer, the driver will have a claim against his employer for workers’ compensation benefits. But the driver will also have a personal injury claim in tort against the other driver. The offending driver is usually referred to as a “third party tortfeasor.”

The injured delivery driver will be able to seek medical benefits and 2/3 of his weekly-lost wages from his employer. See La. R.S. 23:1203 and 23:1221. The claim against the employer is made possible by the Louisiana Workers’ Compensation Act (La. Revised Statutes, Title 23). The injured driver will also have a claim against the other driver for his full lost wages, medical bills (past and future) and also pain and suffering. Louisiana’s tort law allows the injured driver to make a claim against the offending driver and that driver’s insurance company. See La. C.C. art. 2315 and La. R.S. 22:1269 (Louisiana’s Direct Action Statute).

What usually happens is that workers’ compensation benefits are started immediately. The injured worker begins to receive medical benefits paid for by his employer’s workers’ compensation insurer, which will also pay the worker weekly wage benefits as long as a doctor has issued a “no work slip.”

While the injured worker is receiving benefits from the workers’ compensation insurer, a knowledgeable attorney will initiate a personal injury claim against the insurance company representing the responsible third party. To pursue a viable personal injury claim, it must be directed towards an individual or business that is not the injured person’s employer or co-worker, as specified in La. R.S. 23:1032. This ensures that the claim involves a distinct third party. However, the resolution of a personal injury claim, either through settlement or court judgment, is required before receiving any payment. Subsequently, it may be necessary to reimburse the workers’ compensation insurance company from the awarded compensation or settlement, as outlined in La. R.S. 23:1101, et. seq. This reimbursement process is commonly referred to as subrogation.

If you have been injured in an accident and find yourself unsure about the possibility of having a valid workers’ compensation or personal injury claim, don’t hesitate to reach out to the Law Offices of Donald D’Aunoy Jr., LLC. With their extensive expertise in these areas, they can provide you with a free consultation, addressing your concerns and helping you understand the legal options available to you. Contact Lawyer Don today and take the first step towards seeking the compensation and justice you deserve.

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