What is No Fault in Workers Compensation in Louisiana?

If are injured on the job, you are entitled to a third party claim. In workers compensation in Louisiana you cannot sue your employer for work injuries, you can’t sue your employer for an accident that you have on the job. This is called the exclusive remedy in Louisiana. You have a workers compensation claim, even if it’s your employers fault, but you can’t use fault as an issue. Fault doesn’t matter, it’s a no-fault system so you still have a valid workers compensation claim. Find out more in this video with Robert Martina.

Video Transcription:


If you get injured on the job, whether it’s your fault or not you have a claim in a tort claim or a third party claim, fault does come into play. Now, that brings up another topic about no-fault. In workers compensation in Louisiana there’s no fault but you also cannot sue your employer for work injuries, it’s an exclusive remedy, you don’t have the right to sue your employer for an accident that you have on the job. That’s called the exclusive remedy in Louisiana. Even if it’s your employer’s fault, let’s say you’re working and you’re injured due to faulty safety procedures or faulty safety equipment and it’s your employer’s fault, well you have a workers compensation claim but you can’t use fault as an issue. You can’t bring up fault and you can’t sue your employer in tort or personal injury, so workers comp is your exclusive remedy whether it’s the employers fault or your fault. It doesn’t matter, fault doesn’t matter, it’s a no-fault system so you still have a valid workers compensation claim. For more information on workers compensation claims go to GallowayJefcoat.com

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The law firm of Galloway Jefcoat, LLP is located in Lafayette, Louisiana, serving the communities of the Acadiana Region, including Rayne, Crowley, and Abbeville. Our attorneys represent residents in Jennings, Church Point, and Breaux Bridge, with successful verdicts and settlements for those in Maurice, Broussard and Youngsville. With office locations in Lafayette and Lake Charles, we assist Sulphur, Calcasieu, and Carencro residents. New Iberia, St. Martinville, and Jeanerette residents can depend on our lawyers for quality representation. Our services also reach Scott, Opelousas, and Franklin, LA. Since 1996, our firm has turned wrongs into rights for individuals and families in Lafayette Parish, St. Martin Parish, St. Landry Parish, and Vermillion Parish in addition to Acadia Parish, Iberia Parish, Jefferson Davis Parish, and Evangeline Parish.


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