Legal Question in Workers Comp in Louisiana

liable

my brother is a cable tv installer. he helps a sub-contactor who works for a contractor who works for a cable company. the contractor has workers comp. on the subcontractors, but not any on the helpers. he was installing cable on pole with the latter and was electrecuted and thrown from the pole . injuries are broken back and pelvis. tv cable has no electricity. something wrong at pole. now they are saying he was not a worker for them, that he worked under the sub-contractor. who is liable for this man?


Asked on 7/28/01, 2:34 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: liable

The electricity supplier, or whoever was responsible for the pole, might be at fault if it were shown their negligence caused the accident. Regardless, under the limited facts as presented, it is an employer's duty to supply workers compensation insurance for his workers, and a general contractor's duty to make sure that his subcontractors have workers compensation insurance for their workers, and the owner's (cable company) responsibility that the contractor has WC insurance. An employer who does not have WC insurance is held personally liable for WC benefits and medical payments. Additionally, your brother could go after all employers up the line in order to make sure he gets prompt medical attention and proper weekly benefits.

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Answered on 7/30/01, 11:12 pm


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