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Articles Posted in Workers Compensation

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While Injured Worker Claims Late Payment, Louisiana’s First Circuit Court of Appeals Focuses on Important Date

For purposes of seeking an appeal, there is great importance in preserving the record, which may be done through admitting evidence at trial to support relevant claims. When the record has not been established at trial, it is difficult for the best attorneys to succeed on appeal. William Taylor (Mr.…

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Prevailing Against All Odds: Triumphing in a Workers’ Compensation Claim

In the realm of lawsuits, there are always two sides to the story, presenting challenges in determining who will emerge victorious. However, even when faced with factual disputes, there is still hope for success in your worker’s compensation claim. The case of David Thibodaux, a truck driver for Grand Isle…

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The Challenge of Establishing Causal Links in Workers’ Compensation Claims

A pre-existing illness requiring time off is difficult, especially if one believes the work environment is worsening the condition. However, proving the environment is the cause of the worsening condition is difficult to do. So, how can a pre-existing illness affect a worker’s compensation claim? What happens if you cannot…

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The Importance of Accurate Service of Process Information in Lawsuits

If you need to file a lawsuit, obtaining the opposing party’s accurate service of process address is crucial. Otherwise, you may face challenges similar to those encountered by Veronica Gordon. Gordon was an independent contractor for A-1 St. Bernard Taxie & Delivery, LLC, when she was involved in a motor…

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Are Third-Party Contractors Caught in a Workers’ Compensation Loophole?

The evolving nature of employment now means the relationship between employer and employee can be indirect and through different contracting methods. In addition, many people employed by one company are, in fact, on the job doing work for another. A recent case in Louisiana highlights these distinctions and the risks…

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“Still on the Clock in Shreveport”: The Exclusive Remedy of Workers’ Compensation

A typical work schedule for a full-time employee consist of working seven to eight  hours a day. A customary practice among some employees involves leaving their place of employment a couple minutes before their official workday ends; however, what happens if you are injured during those last few minutes? Are…

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Workers’ Compensation Claimant Denied Choice of Physical Therapist to Conduct Functional Capacity Evaluation (“FCE”)

An injury on the job is never easy to deal with, especially when it results in a permanent disability affecting your ability to perform your regular job functions. A functional capacity evaluation (FCE) may be conducted at the employer’s expense to identify the parameters the claimant may return to work.…

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What is the Deadline to File a Workers’ Compensation Claim in Louisiana?

Physically demanding jobs can result in workplace injuries that prevent employees from working and earning a wage. However, it is essential when filing a worker’s compensation claim not only to prove your claim but to do so within the timelines required by the courts. A workplace accident claim filed in…

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Can I get Workers’ Compensation Benefits if I Don’t Immediately Report My Injury?

Many jobs require physical labor, which comes with some risks of injury on the clock, especially for those who install and move equipment. Sometimes you get injured while working, and you think, “maybe I can just work through this.” However, if you attempt to work through an injury and don’t…

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Terrebonne Auto Mechanic Injured Twice on the Job, Hospital that provided Medical Services Barred from Full Recovery

Injuring yourself while on the job is not fun for anyone, especially when your accident further exacerbates a previous workplace injury. What happens if you then try to seek retroactive benefits from your previous injury? You may run into an issue of prescription (otherwise known as the statute of limitations).…

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