When snow blanketed New Orleans recently, many employees faced a difficult choice: brave treacherous road conditions to make it to work or risk their job security by staying home. It's a scenario that raises serious questions about employer responsibility and worker safety. As I explained in the video, Louisiana law offers several protections for workers caught between workplace obligations and personal safety during hazardous weather.
Let's dive deeper into these legal protections and explore the key claims highlighted in my recent video discussion. Understanding your rights isn't just about knowing the law—it's about recognizing when an employer's demands might cross the line from reasonable expectation to negligent oversight.
Employer's Duty of Care in Louisiana
Under Louisiana Civil Code Article 2315 it is stated that:
Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.
Every person is responsible for damages caused by their fault to another. This fundamental principle extends to the employer-employee relationship, where employers have a duty to provide a safe working environment. The Louisiana Supreme Court has consistently held that employers must take reasonable precautions to protect their employees from foreseeable harm.
Safe Workplace Requirements
The Louisiana Revised Statutes § 23:13 also states that:
RS 23:13 - Employers' duty as to safety
Every employer shall furnish employment which shall be reasonably safe for the employees therein. They shall furnish and use safety devices and safeguards, shall adopt and use methods and processes reasonably adequate to render such employment and the place of employment safe in accordance with the accepted and approved practice in such or similar industry or places of employment considering the normal hazard of such employment, and shall do every other thing reasonably necessary to protect the life, health, safety and welfare of such employees. Nothing in this Section shall apply to employment in private domestic service or to agricultural field occupations.
This statute specifically requires employers to provide "reasonably safe" employment conditions. This includes:
Maintaining safe workplaces
Providing proper safeguards
Doing "every other thing reasonably necessary to protect the life, health, safety, and welfare" of employees
Negligence Claims Under Louisiana Law
Louisiana applies comparative fault principles as reflected in Louisiana Civil Code Article 2323:
In any action for damages where a person suffers injury, death, or loss, the degree or percentage of fault of all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity by statute, including but not limited to the provisions of R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable. If a person suffers injury, death, or loss as the result partly of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.
This means multiple parties can share responsibility for an accident. In the context of mandatory attendance during hazardous weather:
Employers may be found partially liable if:
They knew about dangerous weather conditions
They insisted on attendance despite official weather warnings
They failed to implement reasonable safety measures
An employee suffered injuries while complying with attendance requirements
The court will assess:
The foreseeability of harm
The employer's knowledge of the dangerous conditions
The necessity of requiring in-person attendance
Available alternatives such as remote work options
Workers' Compensation Considerations
Revised Statutes Title 23 - Labor and Worker's Compensation (La. R.S. 23:1031) governs workplace injuries. Important distinctions apply:
On-Premises Injuries
If an employee slips on ice or snow while on company property, the incident typically falls under workers' compensation coverage. This includes:
Parking lots maintained by the employer
Building entrances and exits
Any area under the employer's control
The "Going and Coming" Rule
Louisiana follows the "going and coming" rule, which generally excludes accidents during regular commutes from workers' compensation coverage. However, exceptions exist when:
The employer provides transportation
The accident occurs on premises controlled by the employer
The employee is on a special mission for the employer
Whistleblower Protections and Employee Rights
Sometimes, speaking up about safety concerns during hazardous weather conditions can feel like putting your job on the line. However, Louisiana law stands firmly behind employees who voice these legitimate concerns. Under Louisiana's whistleblower statute (La. R.S. 23:967), employees are protected when they take a stand for workplace safety.
A. An employer shall not take reprisal against an employee who in good faith, and after advising the employer of the violation of law:
(1) Discloses or threatens to disclose a workplace act or practice that is in violation of state law.
(2) Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of law.
(3) Objects to or refuses to participate in an employment act or practice that is in violation of law.
B. An employee may commence a civil action in a district court where the violation occurred against any employer who engages in a practice prohibited by Subsection A of this Section. If the court finds the provisions of Subsection A of this Section have been violated, the plaintiff may recover from the employer damages, reasonable attorney fees, and court costs.
This protection extends to various forms of employee action, including:
Reporting or refusing to participate in illegal workplace practices
Testifying in investigations or hearings about such practices
Disclosing workplace violations to supervisors or public bodies
When employers retaliate against employees for raising safety concerns during severe weather conditions, they may find themselves facing serious legal consequences. Employees in these situations often have grounds for wrongful termination claims, retaliation claims under state law, and may even find additional protections under federal Occupational Safety and Health Administration (OSHA) regulations.
Charting the Course: Best Practices for Weather-Related Workplace Safety
While legal protections are crucial, preventing dangerous situations should be every employer's priority. Forward-thinking Louisiana employers can protect both their workers and their businesses by implementing comprehensive weather safety protocols. A well-structured approach includes:
Developing clear inclement weather policies that prioritize employee safety
Actively monitoring official weather advisories and road conditions
Creating flexible work arrangements for dangerous weather scenarios
Maintaining appropriate insurance coverage for weather-related incidents
Keeping detailed records of all safety-related decisions and communications
Taking Action: Legal Options for Employees in Hazardous Conditions
When faced with dangerous weather conditions and uncompromising employers, Louisiana workers aren't left out in the cold. The law provides several avenues for protecting your rights and ensuring workplace safety. Understanding these options can make all the difference when deciding how to proceed:
Filing a negligence claim under Louisiana Civil Code Article 2315 when employers breach their duty of care
Submitting a workers' compensation claim if injuries occur on company property
Reporting unsafe conditions to OSHA when employers fail to address serious safety concerns
Pursuing whistleblower protection if you face retaliation for raising safety issues
Consulting with a legal professional to understand the full scope of your options
The Path Forward During Hazardous Weather
Louisiana law provides multiple avenues for holding employers accountable when they mandate attendance during hazardous weather conditions. While employers have the right to establish attendance policies, they must balance these requirements against their legal duty to provide a safe working environment. Employees who suffer injuries or face retaliation for raising safety concerns have significant legal protections under state law.
Understanding your rights during inclement weather situations can feel overwhelming, especially when balancing workplace obligations with personal safety. Every situation is unique, and the legal framework surrounding employer liability continues to evolve. For those seeking to learn more, my blog and YouTube channel offer additional insights into workplace safety and employee rights in Louisiana. If you find yourself facing challenging weather-related workplace situations, remember that Burnham Law Firm can help you understand your options through a complimentary consultation.
Remember: Your safety matters, and you have the right to a workplace that prioritizes it.
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