Your health is the first priority. Call 911 if the injury is serious. Seek emergency medical care immediately even if your employer directs you to a company-approved clinic — you have the right to emergency treatment at any facility. A same-day medical record is critical: it documents the injury, its severity, and connects it directly to the workplace accident. Do not delay medical care for any reason.

Report the accident to your supervisor or employer as soon as possible and in writing. Louisiana law requires injured workers to report workplace injuries to their employer within a reasonable time. Failure to report promptly can jeopardize your workers’ compensation claim. Get the name of the person you reported to, the time and date, and request a copy of any incident report that is completed.

If you are physically able, photograph or video the accident scene before it is cleaned up, repaired, or altered. Capture the hazard or equipment that caused your injury, the surrounding conditions, any safety failures or missing guards, warning signs or lack thereof, and all visible injuries. Industrial accident scenes are often cleaned up or equipment is moved quickly — your photos may be the only independent record of what caused the crash.

Get the names and contact information of any coworkers or bystanders who witnessed the accident or who are aware of the hazardous condition that caused it. Coworker witnesses can be reluctant to come forward due to fear of retaliation — but their accounts may be critical to establishing what happened and who is responsible.

Do not allow your employer to repair, modify, or discard any equipment, machinery, or materials involved in the accident before it has been properly documented and inspected. If defective equipment caused your injury, that equipment is physical evidence in a potential product liability claim. Notify your attorney immediately so a preservation demand can be sent to all relevant parties.

File a workers’ compensation claim with your employer’s insurer. Louisiana workers’ compensation covers medical expenses and a portion of lost wages regardless of fault. However, workers’ comp typically does not cover full lost wages, pain and suffering, or future earning capacity. It is a starting point — not necessarily your only option. An attorney can evaluate whether additional claims are available.

This is the step most injured workers do not know about. If a party other than your employer contributed to your accident — a contractor, equipment manufacturer, property owner, or another company on the job site — you may be able to file a separate personal injury lawsuit against them. Third-party claims allow you to recover damages that workers’ compensation does not cover, including full lost wages, pain and suffering, and loss of earning capacity. An attorney can identify every potential third-party claim in your case.

Do not rely solely on your employer’s workers’ compensation insurer to look out for your interests — they do not. An attorney who handles industrial accident cases can evaluate your workers’ comp claim, identify third-party liability, ensure evidence is preserved, and fight for the full compensation you are owed. The consultation is free and you pay nothing unless we win.

Louisiana workers’ compensation provides medical benefits and wage replacement — typically two-thirds of your average weekly wage — regardless of who caused the accident. You do not have to prove your employer was at fault to collect. However, workers’ comp does not cover pain and suffering, full lost wages, future earning capacity, or the full financial impact of a catastrophic injury. It is a no-fault system with limited benefits.

Workers’ comp does not pay for pain and suffering, emotional distress, loss of enjoyment of life, or full replacement of lost income. If your injuries are severe or permanent, the gap between what workers’ comp pays and what you actually lose can be enormous. This is where a third-party claim becomes critical.

If someone other than your direct employer caused or contributed to your accident, you may be able to file a personal injury lawsuit against them in addition to your workers’ comp claim. Common third parties in Louisiana industrial accident cases include: equipment manufacturers (product liability); contractors or subcontractors on the same job site; property owners who failed to maintain safe conditions; and drivers who caused a vehicle accident in the course of your work. A third-party claim allows recovery of full damages — including pain and suffering — that workers’ comp does not provide.

Yes. Workers’ compensation and a third-party personal injury lawsuit are separate legal proceedings and can be pursued simultaneously. If you recover from a third party, Louisiana law requires reimbursement to the workers’ comp insurer for benefits paid — but the net recovery from a successful third-party claim is almost always significantly greater than workers’ comp alone. An attorney coordinates both claims to maximize your total recovery.

Explosions and fires at Louisiana’s refineries and petrochemical facilities can cause catastrophic burns, blast injuries, and fatalities. These incidents often involve negligent maintenance, failure to follow safety protocols, or defective equipment — all of which can support claims beyond workers’ compensation.

Exposure to toxic chemicals, fumes, or substances in an industrial workplace can cause serious long-term health conditions — including respiratory disease, neurological damage, and cancer. These cases often involve a manufacturer’s failure to warn about hazards or an employer’s failure to provide adequate protective equipment.

Falls from scaffolding, being struck by falling objects, trench collapses, and electrocution are among the leading causes of construction worker injuries in Louisiana. Construction sites typically involve multiple contractors and subcontractors — meaning multiple parties may share liability for your injuries.

When industrial equipment malfunctions or lacks proper safety guards, the manufacturer or distributor may be liable under product liability law in addition to any workers’ compensation claim. Preserving the equipment for inspection before it is repaired or discarded is critical.

Forklift accidents, crane collapses, and incidents involving heavy equipment cause serious crush injuries, amputations, and fatalities. These accidents often involve operator error, inadequate training, or equipment maintenance failures — all of which can create liability beyond the workers’ comp system.

In most cases, Louisiana workers’ compensation is the exclusive remedy against your direct employer — meaning you cannot sue your employer in civil court for a workplace injury. However, this exclusivity does not apply to third parties. If a contractor, equipment manufacturer, property owner, or any other party contributed to your accident, you can pursue a personal injury lawsuit against them in addition to your workers’ comp claim. There are also narrow exceptions where employer intentional acts may remove the workers’ comp bar entirely.

A denied workers’ comp claim can be disputed through the Louisiana Office of Workers’ Compensation. You have the right to challenge a denial and to be represented by an attorney in that process. An attorney can also evaluate whether a third-party claim exists independently of the workers’ comp dispute.

If a fellow employee’s negligence caused your injury, workers’ compensation is typically your only remedy against that coworker under Louisiana law. However, if the coworker’s employer is a different company — such as a subcontractor on a job site — that company may be a viable third-party defendant. The specific employment relationships at the time of the accident determine your options.

For workers’ compensation, you must report the injury to your employer promptly and file a claim within one year of the accident or last payment of benefits. For a third-party personal injury lawsuit, the general statute of limitations is two years from the date of the accident. These deadlines are different and both must be observed. Do not wait to speak with an attorney.

Through a successful third-party personal injury claim, you may recover full lost wages and future earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, and all medical expenses — including future treatment — without the caps that apply under workers’ compensation. In cases involving gross negligence or willful misconduct, punitive damages may also be available.

Nothing upfront. Mansfield Melancon handles workplace and industrial accident cases on a contingency fee basis — you pay nothing unless we recover compensation for you. If we win your case or reach a settlement, you pay an agreed percentage of the recovery. If we do not win, you owe us nothing.