By the Law Firm of Brandt & Sherman

Can You Sue for a Slip and Fall at Work in Louisiana?

A slip and fall at work can turn your life upside down in seconds. Between medical treatment, missed paychecks, and uncertainty about your legal options, it’s easy to feel overwhelmed. In Louisiana, the laws surrounding workplace injuries—including slip and fall accidents—can be complicated. Knowing whether you’re limited to workers’ compensation or can pursue a personal injury lawsuit depends on the specific details of your case.

Understanding Workers’ Compensation in Louisiana

Louisiana’s workers’ compensation system provides benefits to employees who suffer job-related injuries, including slip and fall accidents. This no-fault program helps injured workers recover without needing to prove who was responsible.

Typical benefits include:

• Payment for medical expenses and rehabilitation
• Partial coverage of lost wages
• Compensation for permanent disability or impairment

While this system provides essential support, it has important limitations. Workers’ comp does not cover non-economic damages like pain and suffering or emotional distress. That’s why understanding when you can file a separate lawsuit is so important.

When Can You Sue Outside of Workers’ Compensation?

There are situations where an injured worker in Louisiana can file a personal injury claim in addition to or instead of a workers’ compensation claim.

You may be able to sue if:

• A third party—such as a subcontractor, vendor, or property owner—was responsible for your fall.
• A defective product or piece of equipment caused your injury.
• Your employer intentionally created or ignored unsafe working conditions.

For example, if your employer hires an outside cleaning company and you slip on a freshly mopped floor without warning signs, you may have a premises liability claim against that third party.

In these cases, you can seek additional compensation, including pain and suffering and other non-economic damages, which aren’t available through workers’ compensation.

Common Causes and Injuries in Workplace Slip and Falls

Slip and fall accidents can happen anywhere—from warehouses and hospitals to restaurants and office buildings. Some of the most common causes include:

• Wet or slippery floors
• Cluttered walkways or uneven surfaces
• Poor lighting or visibility
• Damaged stairs, ramps, or railings
• Leaking pipes or spills that go unaddressed

These incidents can result in serious injuries such as neck and back injuries, broken bones, or even brain and spinal cord injuries. In the most tragic cases, fatal workplace accidents may lead to a wrongful death claim by surviving family members.

Steps to Take After a Slip and Fall at Work

Taking the right actions immediately after your accident can make a big difference in your recovery and your case:

1. Seek medical attention right away, even for seemingly minor injuries.
2. Report the accident to your employer as soon as possible—delays can hurt your claim.
3. Document the scene by taking photos or videos of where you fell and what caused it.
4. Collect witness information from anyone who saw the accident.
5. Keep copies of all medical records, accident reports, and communication with your employer.

These steps not only protect your health but also create critical evidence for your claim.

Louisiana’s One-Year Filing Deadline

Louisiana’s personal injury laws give workers one year from the date of the accident to file a lawsuit. This is known as the prescriptive period. Missing this deadline can permanently bar you from recovering compensation. Acting quickly ensures your attorney can preserve evidence and file your case in time.

How an Experienced Attorney Can Help

A skilled personal injury lawyer can help you determine whether your case qualifies for a workers’ compensation claim, a third-party negligence lawsuit, or both. Your attorney will:

• Investigate how and where your accident occurred
• Identify liable third parties
• Collect documentation and expert testimony
• Handle insurance communications and settlement negotiations

The legal team at Brandt & Sherman has decades of experience representing victims of slip and fall accidents, workplace injuries, and car accidents throughout Louisiana.

Frequently Asked Questions

Can I get both workers’ compensation and a personal injury settlement?
Yes, if a third party contributed to your accident, you can receive workers’ comp benefits and still pursue a personal injury lawsuit for additional damages.

What if my employer refuses to file my claim?
You can appeal through the Louisiana Office of Workers’ Compensation Administration. An attorney can help you handle denials and protect your rights.

How long do slip and fall cases take to resolve?
Every case is different. Some claims settle in a few months, while more complex cases involving multiple parties can take longer to resolve.

Contact Our Louisiana Slip and Fall Lawyers

If you’ve suffered a slip and fall injury at work, you don’t have to face it alone. The attorneys at Brandt & Sherman Injury Lawyers will help you understand your rights, identify every possible source of compensation, and guide you through the legal process with care and experience.

Call (337) 800-4000 or contact us online for a free consultation. Let us help you get the justice and recovery you deserve.