Construction Accidents FAQs

Q. Who may I sue if I'm injured at a construction site?

A. You may sue any person or entity whose fault caused or contributed to your injuries other than your employer. You remedies against your employer are limited to workers' compensation.

Q. What if my employer is 100% responsible for my injuries?

A. Your remedies are limited to worker's compensation if your employer is 100% at fault. However, if your employer's fault is less than 100%, you may be able to sue other parties who may be at fault.

Q. May I recover if I'm partially at fault for my injuries?

A. Yes. Louisiana is a comparative fault state. Thus, unless you are 100% at fault for your injuries, you are entitled to recover damages from other responsible parties, reduced by the amount of your fault.

Q. I was injured while working as a subcontractor at a construction site, what are my rights?

A. Under certain circumstances, you may file a claim against the owner or general contractor at the site. However, several factors affect your right to recover. Further, whether violations of safety statutes and regulations exist may affect liability.

Q. What damages may I recover in a construction negligence case?

A. You may be entitled to recover damages for past and future medical expenses, past and future wage loss, past and future pain and suffering.

If the injured party dies, his or her survivors may recover compensation for their economic losses that result from the plaintiff's death as well as emotional distress. See wrongful death

Q. How long do I have to file a case as a result of my injuries?

A. Under Louisiana law, you have one year from the date of the injury to file a lawsuit against the responsible party.

Q. Do I need to hire an attorney?

A. It's a good idea to hire an attorney to help establish who may be at fault and conduct a full investigation into the facts and circumstances surrounding your case.

Q. Will my case settle?

A. Many cases settle out of court. Whether a case settles depends on the facts and circumstances of the case and the willingness of the parties to reach a resolution.

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