Larry Curtis - Eunice, Louisiana Lawyers

Death in the Workplace

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. § 23:1032), 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 The Law Offices of Larry Curtis now at (337) 235-1825 or Toll Free 1-800-528-1825 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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Larry Curtis, Personal Injury Attorney handles all types of Personal Injury cases including: Automobile Accidents, Maritime Accidents, Spinal Cord Injuries, Traumatic Brain Injuries, Wrongful Death, Insurance Bad Faith, Airplane Accidents, Drunk Driving Injuries, Large Truck Accidents, Motorcycle Accidents, School Bus Accidents, Slip and Fall Accidents.

Larry Curtis, Personal Injury Attorney serves the following Louisiana areas: Southern Louisiana, Lafayette, Acadia Parish (Crowley), Allen Parish (Oberlin), Ascension Parish (Donaldsonville), Assumption Parish (Napoleonville), Avoyelles Parish (Marksville), Beauregard Parish (DeRidder), Bienville Parish (Arcadia), Bossier Parish (Benton), Caddo Parish (Shreveport), Calcasieu Parish (Lake Charles), Caldwell Parish (Columbia), Cameron Parish (Cameron), Catahoula Parish (Harrisonburg), Claiborne Parish (Homer), Concordia Parish (Vidalia), DeSoto Parish (Mansfield),East Baton Rouge Parish (Baton Rouge), East Carroll Parish (Lake Providence), East Feliciana Parish (Clinton), Evangeline Parish (Ville Platte), Franklin Parish (Winnsboro), Grant Parish (Colfax), Iberia Parish (New Iberia), Iberville Parish (Plaquemine), Jackson Parish (Jonesboro), Jefferson Parish (Gretna), Jefferson Davis Parish (Jennings), Lafayette Parish (Lafayette), Lafourche Parish (Thibodaux), LaSalle Parish (Jena), Lincoln Parish (Ruston), Livingston Parish (Livingston), Madison Parish (Tallulah), Morehouse Parish (Bastrop), Natchitoches Parish (Natchitoches), Orleans Parish (New Orleans), Ouachita Parish (Monroe), Plaquemines Parish (Pointe a la Hache), Pointe Coupee Parish (New Roads), Rapides Parish (Alexandria), Red River Parish (Coushatta), Richland Parish (Rayville), Sabine Parish (Many), St. Bernard Parish (Chalmette), St. Charles Parish (Hahnville), St. Helena Parish (Greensburg), St. James Parish (Convent), St. John the Baptist Parish (Edgard), St. Landry Parish (Opelousas), St. Martin Parish (St. Martinville), St. Mary Parish (Franklin), St. Tammany Parish (Covington), Tangipahoa Parish (Amite), Tensas Parish (St. Joseph), Terrebonne Parish (Houma), Union Parish (Farmerville), Vermilion Parish (Abbeville), Vernon Parish (Leesville), Washington Parish (Franklinton), Webster Parish (Minden), West Baton Rouge Parish (Port Allen), West Carroll Parish (Oak Grove), West Feliciana Parish (St. Francisville), Winn Parish (Winnfield)

The legal information offered by Larry Curtis, Personal Injury Attorney and contained herein, regarding Louisiana legal statutes and Louisiana claimants' rights, is general in scope. No legal attorney / client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice. Please contact a Louisiana lawyer regarding your specific inquiry.See Terms of Use.