Louisiana Supreme Court Rejects Claim for Jousting Injury at Renaissance Festival

Can a performer who works at an event in Louisiana, and who is injured on the job, collect Louisiana workers’ compensation benefits? This was the issue before the Louisiana Supreme Court in a case brought before it in 2024. In that case, renaissance fair jouster and performer John McKeane brought a lawsuit against various parties, including his alleged employer, War Horse Productions, seeking workers’ compensation benefits under Louisiana laws, after his bid for these important financial benefits was initially rejected. In 2023, a Louisiana workers’ compensation administrative law judge had granted a motion for summary judgment in the case which removed the renaissance festival entity, LA Renest and the Louisiana Workers’ Compensation Commission from the lawsuit. The judge in that case held that “McKeane was a performer acting under a performance contract, and that his claims were therefore excluded from coverage under the Louisiana Workers’ Compensation Act.” On Tuesday, October 8, 2024, McKeane’s appeal to the Louisiana State Supreme Court was also rejected.

The Louisiana Supreme Court’s decision has less to do with the fact that McKeane received his work-related injury in a jousting match, and more to do with the important exceptions to Louisiana workers’ compensation laws. Under Louisiana workers’ compensation laws, certain workers are exempted from coverage, even if they suffer a work-related injury in the state. One of the exemptions under Louisiana workers’ compensation laws is for “musicians and performers who are rendering services pursuant to a performance contract.” The First Circuit Court that had rendered the decision in McKeane’s case had found that McKeane was such a worker, and, accordingly, whether he was injured or not in a work-related injury, he was exempted from receiving workers’ compensation benefits under the law.

Exemptions Under Louisiana Workers’ Compensation Laws – What You Need to Know

The case of John McKeane and his jousting injury demonstrates to Louisiana workers that Louisiana workers’ compensation laws are not always clear-cut, and some workers may have challenges getting workers’ compensation benefits. While most workers in Louisiana are entitled to workers’ compensation benefits under the law, the workers’ compensation benefits system can be complex and challenging for injured workers to navigate alone. It is important for Louisiana workers to know that they are entitled to work with an experienced Louisiana workers’ compensation lawyer on their case, and that working with a lawyer may help them get benefits due to them. As such, it is always best to speak to an experienced Louisiana workers’ compensation lawyer after a serious workplace injury occurs.

A Law Firm that Helps Injured Louisiana Workers

If you were injured on the job and you need legal help getting workers’ compensation benefits due to you, contact the experienced Louisiana workers’ compensation lawyers at the law firm Lunsford Baskin & Priebe, PLLC. The experienced Louisiana workers’ compensation lawyers at Lunsford Baskin & Priebe, PLLC are here to help injured Louisiana workers get workers’ compensation benefits due to them. Contact Lunsford Baskin & Priebe, PLLC today and speak to a lawyer about your case now.

Source:

fox8live.com/2024/10/09/la-supreme-court-rejects-appeal-man-seeking-workers-comp-benefits-jousting-injury/