ruston construction accident lawyer

Frequently Asked Questions

Does workers compensation prevent me from suing after a construction accident in Louisiana?

Workers compensation under La. R.S. 23:1032 bars civil tort claims only against your direct employer and, in some situations, the statutory employer above them. It does not prevent you from suing general contractors, other subcontractors, property owners, or equipment manufacturers who contributed to your accident. Many construction accident cases involve both a workers comp claim against the employer and a civil lawsuit against one or more third parties. The exclusive remedy defense applies narrowly, and its scope is frequently contested.

What is the deadline to file a construction accident lawsuit in Louisiana?

For accidents that occurred on or after July 1, 2024, you have two years from the date of injury to file a personal injury lawsuit under La. C.C. Art. 3493.1 (Act 423 of 2024). Workers compensation claims have a separate prescriptive period of three years from the date of injury or last medical treatment under La. R.S. 23:1209. If your accident occurred before July 1, 2024, the old one-year personal injury prescriptive period may apply. Missing either deadline ends your right to recover.

What is the borrowed servant doctrine and how does it affect my construction accident claim?

Under La. R.S. 23:1031(C), the borrowed servant doctrine can treat a worker lent to another employer as the employee of the borrowing employer for workers compensation purposes. On Ruston construction sites, this often comes up when a subcontractor places workers under a general contractor's daily supervision. Louisiana courts apply a multi-factor test examining who directed the work, who had the right to discharge the worker, who supplied the tools, and how long the arrangement lasted. Which entity qualifies as the borrowing employer determines which insurer must pay and which parties are shielded from civil claims.

Can I sue the general contractor if I was employed by a subcontractor?

Yes, in most circumstances. The general contractor's potential protection under the statutory employer doctrine applies only when the GC and the injured worker's employer had a specific written contract making the GC responsible as a statutory employer under La. R.S. 23:1061. Even where that doctrine applies, a GC who retained actual control over jobsite safety can face civil negligence claims under La. C.C. Art. 2315. Courts examine who enforced safety rules, who conducted safety inspections, and who directed work methods. General contractors who micro-managed safety cannot use the statutory employer doctrine as a complete shield.

How do OSHA violations help a construction accident case in Louisiana?

OSHA is a federal regulatory agency that sets workplace safety standards for construction sites. When an employer or contractor violates a specific OSHA standard, that violation is admissible in a Louisiana civil case as evidence of negligence under La. C.C. Art. 2315. Courts have recognized that OSHA standards define the minimum safe practice for a given activity. Violation of that standard supports a finding that the defendant failed to exercise reasonable care. OSHA investigation records are obtainable under the Freedom of Information Act after a site investigation closes and can be subpoenaed in litigation.

What is a workers compensation lien and does it reduce my recovery?

When your workers comp insurer pays your medical bills and wage replacement benefits, it acquires a lien under Louisiana law against any civil recovery you obtain from a third party. If you recover $300,000 from a third-party defendant and your insurer paid $80,000 in benefits, the insurer can recover up to $80,000 from your civil recovery. Louisiana law provides mechanisms to reduce the lien amount under certain circumstances, including the lien holder's proportional share of attorney fees and costs. Your attorney should negotiate the lien reduction as part of structuring your overall recovery, not after the fact.

What if I was an independent contractor, not an employee, when I was injured?

Independent contractors are not covered by workers compensation under Louisiana law, which means they are not subject to the exclusive remedy rule. An independent contractor can file a civil negligence claim directly against the property owner, general contractor, or other responsible parties without going through workers comp first. However, Louisiana courts look at the economic reality of the work relationship, not just how the parties labeled it. If you were working under the direction and control of another party who supplied your tools and set your schedule, you may have been misclassified as an independent contractor. An attorney reviewing your situation will examine the actual working relationship, not the label on the contract.

Last updated September 9, 2026