Death in the Workplace

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If death occurs while the decedent was on the job, the right to sue may change. Under Louisiana's Worker's Compensation Act, (L.A. R.S. § 9:1032), an employee who elects to take workmen's compensation does not have a right to sue his employer for injuries in the workplace. Kelly v. CNA Ins. Co., Kelly v. CNA Ins. Co., 729 So. 2d 1033 (1999). If the decedent accepts worker’s compensation and gives up his right to sue, beneficiaries or surviving relatives also cannot sue for wrongful death. Kelly v. CNA Ins. Co., 729 So. 2d 1033 (1999).

If a person’s death on the job was due to the negligent actions of a third party, however, Louisiana’s worker's compensation statute allows dependents to pursue a wrongful death suit against the third party, regardless of whether the decedent elected for worker's compensation through his employer. Cavalier v. Cain's Hydrostatic Testing, 657 So. 2d 975 (1995).

In all matters involving wrongful death it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If a loved one has been a victim of wrongful death, call Herpin, deGeneres & Guidry, L.L.C. now at (225) 927-2900 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

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Disclaimer

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use. The wrongful death information offered by Louisiana Wrongful Death Lawyer and contained herein, regarding Indiana wrongful death statutes and Indiana wrongful death claimants' rights is general in scope. No wrongful death Indiana attorney client relationship with our Louisiana wrongful death attorneys is hereby formed nor is the negligent death information herein intended as formal legal advice. Please contact a Indiana personal injury wrongful death lawyer regarding your specific inquiry.