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re: Louisiana Workers Comp Questions

Posted on 1/30/18 at 7:13 pm to
Posted by tigersbb
Member since Oct 2012
10443 posts
Posted on 1/30/18 at 7:13 pm to
quote:

I would be happy if he handled it this way. But he wouldnt. He is the kind of guy where I would have to force him to do anything. Including hiring an attorney. The accident took place on the premises of a well known, high visibility NOLA institution. I'm pretty sure I could contact their construction project office and they would force him to do the right thing.


Why don't you report it instead of assuming the worse. If no cooperation you can always retain counsel.

If he was a sub contractor the general would require him to provide WC coverage. If not the general becomes your statutory employer and would be responsible to provide WC coverage.

You could make a tort claim against any other parties who were negligent in causing your accident unless the other party is the general contractor. You only have aright to a WC claim against your employer or the general contractor. If another contractor on site caused the accident you may have aright to proceed against them in tort.
Posted by cgrand
HAMMOND
Member since Oct 2009
39251 posts
Posted on 1/30/18 at 9:00 pm to
quote:

You could make a tort claim against any other parties who were negligent in causing your accident unless the other party is the general contractor. You only have aright to a WC claim against your employer or the general contractor. If another contractor on site caused the accident you may have aright to proceed against them in tort.


oh please...
the dude was walking backwards not watching where he was going and tripped over a known obstacle
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