Legal Question in Personal Injury in Louisiana

Sueing your employer

my dad had an accident at work he's a mechanic a air bag deployded in his face and he has severe injuries to his face ,ear and one of his eyes.He's still in dangeour of loosing one of his eyes.There was a defect with the car hi was working on and that's why the air exploided(there was no reason for exploding ,the car was not moving).Now the lawyer that we're using told methat we can't sue the company my dad works for,there's a law stating you can't sue your own employed.So he mentioned maybe we could sue the maker of the car ,but now he says we might not be able to , because the car was still under warranty and that means my dad was also working for that car maker.I'm very confused and i will like to know if you could give me some answers or explanations to this law.Thank you very much

Asked on 2/20/02, 12:58 pm

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: Sueing your employer

Your father cannot sue his employer because "Worker's Compensation" law applies. This means that without filing suit, your father is entitled to have all of his medical bills and a percentage of his lost wages paid by the employer (or the employer's insurance company).

As to the manufacturer of the car, this is different. If he works in the service department of a dealership, then worker's comp might apply here also. Otherwise he should be able to sue. Also if the manufacturer purchased the parts of the airbag that malfunctioned from another company, then that company might be liable.

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Answered on 2/20/02, 4:14 pm

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