Legal Question in Employment Law in Louisiana

Injuries

my husband was helping his brother do some work on a company's property when he fell and fractured his leg. his brother has no insurance and no business license. we have no insurance of any kind. is the business liable for the damages incurred by my husband? could he sue at least for the medical treatment? the e.r. doctor told him to see a bone doctor because his leg probably needs to be completely broken and then fixed. how ever like i said we can not pay for that--we have no insurance.


Asked on 1/07/05, 10:09 pm

2 Answers from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Injuries

It depends on why your husband was on the property, and what exactly the brother's work was. If you answer those questions, maybe I could be more specific. There is some hope.

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Answered on 1/10/05, 7:19 am
Hardy Parkerson Retired Attorney; now Law Professor

Re: Injuries

Dear LawGuru Friend,

Sorry about your husband! Here's the way I see it:

1) If your husband would and could be considered an employee of his brother, he would be covered by workers compensation, which covers his medical bills, as well as disability. Of course, in such a case his brother would have to pay out of his pocket if he did not have workers compensation insurance.

2) Secondly, if your husband's accident were caused by the negligence of the property owner (the "company", as you call it), then, of course, your husband would have a liability claim against the landowner/company.

3) Thirdly--and this is a long shot--if your husband could be considered as an employee of his brother, as well as a "statutory employee" of the "company" you refer to, then the company's workers compensation insurance would cover your husband. A so-called "statutory employee" is something defined by the law and/or jurispridence (legal precedent) in each state, and probably varies from state to state. In Louisiana, for sure, there is what is known as a "statutory employee".

There is more to it all than this, but this is the best treatment I can give to your question without a lot more information. Best of luck to you and your husband!

Sincerely,

Hardy Parkerson, Attorney

Lake Charles, Louisianiraq

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Answered on 1/09/05, 2:26 pm


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