“My neck, my back, my neck and my back” is a cliche that has been used in television shows and movies when someone gets hurt in an accident and likely tends to file a lawsuit. Although Caddo Parish, Louisiana woman, Ruth Toliver, may not have used the exact phrase, she…
Articles Posted in Workers Compensation
Noise-Induced Hearing Loss Subject to Workers’ Compensation Law
What are your legal options when you experience job-related hearing loss? Are you limited to benefits under workers’ compensation laws or can you file a lawsuit for possibly a considerable monetary amount? That was the essential question put forth to the Supreme Court of Louisiana in a recent case out…
Causal Connection Between Accident and Injury is Key in Workers Compensation Lawsuit
An accident at the workplace is never fun, not for the employer, and certainly not for the employee. In addition to the difficulty of the injury itself, determining who pays for the medical treatment is often in dispute. Whether there is enough evidence to show that the accident actually caused…
Inability to Show Work Related Injury Crushes Workers’ Compensation Case Out of Monroe
In the world of workers’ compensation, being injured while on the job is an obvious requirement. Things tend to get muddled however in these cases over accident dates, pre-existing injuries, and the actual cause of the injury. In the following case, Carlos Harvey had all these things working against him…
Alexandria Sam’s Club Employee’s Fall at Work Leads to Long Battle in the Courts
Justice is often not a sprint through the courts, but a long carefully navigated journey. This is because the law is not always black and white and standards of proof may make it difficult for a Plaintiff to prove his or her case. In a lawsuit arising out of Parish…
Company Loses Workers Compensation Denial in Ouachita, Louisiana when Plaintiff’s Medical Records Show Truth
What happens when an accident happens at the workplace? Well, you would immediately head to the doctor. You would rely on your medical records to show the truth when you talk to your insurance company. However, what happens when the medical administration doesn’t agree that your medical records are demonstrative…
Plaintiff Gets Another Bite: Louisiana Court Overturns Denial of Plaintiff’s Evidence of Disability
Workers’ compensation is a form of insurance run by the state government which pays wage replacement and medical benefits to employees injured on the job. Temporary Total Disability Benefits or “TTD” require the employer or its workers’ compensation carrier to pay indemnity benefits roughly equal to two-thirds of the employee’s…
Louisiana Court Rules Out-of-State Pharmacy Not Entitled to Reimbursement for Expense Claim
Companies that do business in multiple states must consider that individual states have their own laws, which must be followed if a company plans to do business in that state. It can never hurt to do your due diligence before you begin operations and a good attorney can be a…
“Borrowed” Employees May Only Bring Workers’ Compensation Claims Against “Borrowing” Employers
Borrowed employees are workers assigned by their employer to work for companies borrowing their services on a short-term basis. Normally, employees hurt on the job may recover money in addition to worker’s compensation benefits from their employing companies. As the following case from the Louisiana First Circuit Court of Appeal…
Judge ‘Splits the Difference’ On Issue of Compensation for On-the-Job Knee Injury
You may be entitled to compensation for any injury that occurs on the job. The extent of compensation depends on the extent of your injuries. See La. R.S. 23:1221. The employer and the employee often disagree on the amount of compensation. When this happens, a court of law often becomes…