The Louisiana workers’ compensation system is designed to provide benefits to individuals who are injured on the job or as a result of their job duties. In exchange for these benefits, workers give up their right to sue an employer in civil court for damages, except for a few very limited exceptions. As Louisiana work accident lawyers, we have substantial experience assisting people with determining whether their injury falls into one of these categories and whether they are limited to seeking recourse through the workers’ compensation system.
In a recent appellate opinion, the court considered the application of workers’ compensation rules to a minor who was injured. The employer was a party rental business that provides inflatable bounce houses and other items for social events. The injured minor was 15 years old at the time he suffered an injury while working for the employer. The employer classified the minor as a helper, and the minor testified during a proceeding that he was never informed that he would require a certificate to work for the employer because of his age. The minor’s job duties consisted primarily of cleaning and delivering the inflatables and picking them up from the rental locations.
According to the minor, he suffered an injury while a coworker was using a forklift to access one of the inflatables that was located on a pallet. The minor climbed on top of the inflatable to provide it with balance, while the coworker lowered the inflatable on the pallet by using the forklift. The minor testified that this was a normal practice. As the inflatable was being lowered, the minor fell to the ground, and the inflatable fell onto his back.