Lake Charles Industrial Accident Lawyer

Top Rated Industrial Accident Attorney in Lake Charles, LA

In Lake Charles, industrial settings span everything from refineries and chemical plants to manufacturing plants, building sites, and storage facilities. At these locations, employees might face hazards like heavy machinery, toxic substances, electrical dangers, working at heights, and industrial vehicles. A Lake Charles industrial accident lawyer can help you understand your legal rights after being injured at work and pursue benefits or damages under Louisiana law.

About Fitz-Gerald, Hebert & Associates, LLC

Fitz-Gerald, Hebert & Associates, LLC, serves clients across South Louisiana from three offices. The firm consists of local attorneys with more than 80 years of combined legal experience, and the staff provides comprehensive legal resources and personalized client service. The firm handles a variety of legal issues and works with clients throughout the legal process, from initial case evaluation through resolution of their legal issues.

Common Causes of Industrial Accidents in Lake Charles

Lake Charles and the surrounding area of Calcasieu Parish have a number of industrial businesses, including chemical processing, manufacturing, and construction. Industrial workers may also travel between facilities or job sites on the major roadways that intersect the city, including Interstate 10, Interstate 210, U.S. Highway 90, and U.S. Highway 171. These businesses may also encounter legal matters involving Business Law, Environmental Law, Criminal Law, Drug Crimes, or DUI. An industrial accident can happen as a result of:

• Faulty equipment
• Falls
• Fires
• Explosions
• Lack of training
• Poor maintenance
• Unsafe premises

Contractors and subcontractors from different companies may also work at a facility, which can complicate responsibility after an accident. Unfortunately, some of these accidents turn fatal, though the number of fatal work injuries in Louisiana decreased from 104 in 2023 to 96 in 2024. In comparison to a rate of 5.6 in 2023, the state’s fatal occupational injury rate was 5.1 deaths per 100,000 full-time comparable workers.

In some cases, an industrial injury may occur immediately. In other cases, an injury or illness may develop slowly over time. Injuries from repetitive exposure to a hazardous substance or working condition, for example, may take time to produce symptoms rather than causing immediate noticeable harm. The circumstances of the injury can play a role in determining what legal claims can be pursued, including Slip-and-Fall Accident or Successions Law matters.

Workers’ Compensation and Industrial Accident Claims

Employees injured in work-related accidents should consider a claim for workers’ compensation. While Louisiana’s workers’ compensation system is designed to cover workplace injuries, whether you receive medical treatment, disability payments, or have your dispute resolved can really depend on the specifics of your claim.

Louisiana law also generally provides that workers’ compensation is an injured employee’s exclusive remedy for a compensable workplace injury. Injured employees are typically barred from filing a separate personal injury claim against their employer for an accident, regardless of employer negligence.

Sometimes, an accident might involve a third party, such as a company that manufactured the equipment, the owner of the property, or another business operating on the premises. An injured worker may be able to bring a claim against a responsible third party outside the workers’ compensation system, depending on the circumstances. This may include situations involving a Car Accident, Motorcycle Accident, or Truck Accident in Lake Charles.

What Can Be Included in an Industrial Accident Claim?

Benefits or damages available through a claim depend on the type of claim and the specific circumstances of the accident. A workers’ compensation claim may provide medical benefits and disability benefits related to the injury. You might also be able to seek compensation for different kinds of losses with a claim against another responsible party. Related legal matters may involve Estate Law or Family Law.

Key elements for an industrial accident claim often include accident evidence, your medical history, employment and salary details, information on work restrictions, and the identification of all parties linked to the incident. Key evidence for a claim can include accident reports, photographs, video, safety and equipment records, and your medical files.

Hire an Industrial Accident Lawyer

If you or a loved one was injured in a workplace accident, it is recommended that you hire an industrial accident lawyer to advocate for you and work for the compensation you need. A Lake Charles industrial accident attorney can review your accident and determine whether it is subject to Louisiana workers’ compensation and industrial accident laws.

When there is a potential third-party claim, an attorney can investigate that claim in addition to the workers’ compensation case and determine what damages may be legally available.

If your case proceeds to court, it may be heard at the 14th Judicial District Court, which has jurisdiction for cases in Calcasieu Parish. The courthouse is located at 1001 Lakeshore Drive, Lake Charles, LA 70601.

FAQs

How Is Pain and Suffering Calculated in Louisiana?

In Louisiana, there is no specific formula used to calculate pain and suffering. Courts may weigh factors like how long the physical pain and emotional distress lasted, the severity of the injury, any disability or disfigurement, how daily life was restricted, and how the injury affected a person’s general well-being. The nature of the injury and the available evidence supporting the person’s claimed losses may also be relevant.

What Are the Four Factors Needed to Prove Negligence?

To prove negligence, a claim generally must be supported by four different factors. There must be evidence showing that the defendant owed a duty of care to the injured person, that the defendant violated that duty, and that the resulting conduct caused the injury. The plaintiff must also show damages.

In Louisiana, the courts employ a duty-risk analysis for negligence cases, which may incorporate further factors. Some cases may involve a requirement that the plaintiff’s injury was foreseeable.

Can I File a Claim for Emotional Distress in Louisiana?

You can file a claim for emotional distress in Louisiana under certain circumstances, including for negligent conduct. If a claim solely involves emotional distress without a physical injury, individuals typically need to satisfy further criteria, with courts frequently weighing the probability and gravity of the emotional suffering. When someone is injured, Louisiana also sets out distinct rules for emotional distress claims from those who witnessed it.

What Damages Can I Recover After an Injury in Louisiana?

The damages you can recover after an injury in Louisiana vary based on the specifics, potentially covering medical costs, lost income, loss of earning potential, damage to property, physical pain, emotional suffering, permanent disabilities, disfigurement, and any additional losses directly attributable to the harm. These damages are awarded based on the unique circumstances of the case.

Contact Fitz-Gerald, Hebert & Associates, LLC, Today

If you or a loved one was injured in an industrial accident, Fitz-Gerald, Hebert & Associates, LLC, can help you. Contact us today to request a consultation and begin protecting your future.