KONICA MINOLTA DIGITAL CAMERA When it comes to work-related injuries, employees should know their rights. Under Louisiana law, employees who suffer from an injury caused by an on-the-job accident are entitled to workers’ compensation benefits. In order to successfully make a claim for those benefits, employees must prove their claimed…
Articles Posted in Workers Compensation
Workers’ Compensation Judge’s Fact-Based Decision Given Deference on Appeal
After a workplace injury, navigating the benefits provided by workers’ compensation can be a complicated process. Workers’ compensation judges’ decisions are rarely overturned when their rulings are largely fact-based. A recent lawsuit out of Ouachita Parish demonstrates the importance of finding a good lawyer who can ensure that you secure…
Witness’s Testimony Credibility Dependant on Lower Court’s Decision
Witnesses often play a critical role in the outcome of a lawsuit, which is why opposing parties often try to discredit witnesses that may be harmful to their argument. In a recent case where a plaintiff attempted to discredit a witness for the defense, the opinion of the judge who…
Louisiana Workers’ Compensation Case Shows Importance of Understanding Rights and Benefits
If you have been injured in a work accident, it’s important to know that limitations and restrictions are often placed on your rights under workers’ compensation packages. Speaking to a good lawyer before undergoing any non-emergency treatment is crucial to ensuring that you will be reimbursed for your expenses. A…
Why Was A Richwood High School Resource Officer Denied Permanent Total Disability Benefits?
An employee is entitled to worker’s compensation benefits if he or she suffers an injury by accident during the course of his or her employment. Although worker’s compensation law has been liberally construed in favor of the injured employee, it is not an unlimited source of benefits for individuals unable…
Plaintiff Wins Big and Can Sue State Employer for Intentional Tort in Louisiana
Imagine what it’s like to be a dedicated employee. You love your job, you’re never absent from work due, and you never have any problems with your employer. Until one day, you are having an unexplained health problem. Turns out you have been exposed to a toxic substance and you…
Employer’s Attempt to Deny Worker’s Compensation Claim in Lake Charles Was Unsuccessful
In the event of an on the job injury, you must prove that the injury was both caused by an accident during the course of the employment. La. R.S. 23:1021(A). An accident is defined as an unexpected event that can be directly tied to the injury itself. La. R.S. 23:1021(1).…
Fall from a Ladder Results in Workers’ Compensation Dispute for Employee in New Orleans
If you are ever injured on the job, you may be covered by workers’ compensation. Workers’ compensation is a type of insurance that provides medical benefits and wage replacement when an employee is injured during the course of employment; in exchange for this insurance, the employee gives up the right…
What Happens When Nobody Witnesses Your On the Job Injury?
In workers’ compensation cases, the employee has the burden of proving that an on-the-job accident occurred. He or she must do so by a preponderance of evidence. Generally, an employee can do this by presenting witness testimony and documentary evidence. But what happens when there is no witness to the…
Louisiana Court of Appeal Highlights Procedure for Workers’ Compensation Claims
In Louisiana, the Workers’ Compensation Act allows injured employees to recover workers’ compensation benefits from their employer. This act establishes a medical treatment schedule and procedure under which an injured employee can request authorization for medical treatment from his or her employer. A recent decision of the Louisiana Third Circuit…