If you are an offshore worker from Lafayette, Louisiana and get inured on the job, you need to know about the “Collateral Source Rule.” The collateral source rule bars the admission of evidence into trial that the injured worker’s damages are being compensated by other sources such as private insurance or workers compensation. This allows the plaintiff to recover from a torteasor (defendant) irrespective of his or her own insurance coverage. The basis of this doctrine is that defendants should not get off the hook for their own negligence simply because the plaintiffs were prudent to pay for their own policies. This is a fundamentally fair rule because it covers all of those years you invested in premiums while preventing the persons responsible for your injuries from benefitting financially. An op-ed article in the Daily Journal.com from 2009 cited the following excellent example to demonstrate the value of the collateral source rule. Should a drunken driver who killed your spouse pay less compensation because you’ve invested in life insurance? The vast majority of people pay far more in health insurance premiums over the course of their lifetime than the benefits they receive. So why should a negligent employer be able to take advantage of this? Opponents of this rule argue that it allows the plaintiff to collect twice for the same injury.
The reality is that what injured workers receive from their own insurance policies should have nothing to do with what defendants pay out for their own negligence. Otherwise the plaintiffs are penalized for their wisdom of paying for their own coverage while the defendants are not adequately held to account for their own actions. If you are a Lafayette offshore worker hurt on the job, order our free consumer report “Protecting Your Future After a Maritime Injury.”
Category: Learn About The Jones Act
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