Workers’ compensation claims can be very stressful for the injured employee. Because of this, the law in Louisiana will help offset the legal costs of workers’ compensation claim denials by employers by awarding penalties and attorney fees ( PA&F) if the employer is found to have improperly denied the employees…
Articles Posted in Workers Compensation
Firefighter’s Widow Continues the Fight for Survivors Benefits in Jefferson Parish
No one can ever truly be prepared for the death of a loved one. It can present many unforeseen challenges, especially when complicated by the process of obtaining survivors’ benefits. After the death of her husband, Jane Butler filed a “disputed claim for compensation” seeking death benefits, as allowed under…
Louisiana Appellate Court Reverses Workers’ Compensation Case because Evidence was not Properly Admitted
Dot your i’s and cross your t’s. We’ve heard it since kindergarten. Yet, sometimes it is easy to forget the basics when a case seems to be open-and-shut. In 2003, Mr. JL, an East Baton Rouge employee of Landis Construction Company (“Landis”), was injured on the job. Landis’ insurance carrier,…
Bienville Parish Auto Accident Raises Question of Vicarious Liability
Imagine you are driving home from work and you collide with another vehicle. Would your employer be liable for the damages? For most commuters, the employer is not accountable for any accidents that occur on the way to or from the place of work and the employee’s residence. But in…
Additional Evidence Admitted on Appeal in Workers’ Compensation Case
When accidents happen, especially at work, it is natural for us to want to be made whole again: put back together as much as possible so our lives can return to normal. Sometimes, recovery for these accidents only covers the harm we can see. A worker injured on the job…
Ouachita Parish Woman Denied Workers’ Compensation for Seeking Payment too Late
When an employee is injured on the job, workers’ compensation is often a faster and more efficient method to seek damages than other judicial remedies. Once a judgment is entered, it is important for the injured party to promptly collect damages because this judgment could prescribe, or no longer be…
Calculating Supplemental Earning Benefits for Sewage & Water Board New Orleans Employee
Almost every adult American has thought about what would happen if they were injured at work. They ask would they receive enough to sustain their pre-injury lifestyle and if not, what remedies are available. Typically, employees are eligible for workers’ compensation, but the workers’ compensation system seems odd to some…
Louisiana Welder’s Lawsuit Dismissed for Failure to Overcome Presumption That Injury was Not Work-Related
Disputes over injuries that occur on the job can be difficult to resolve for both employer and employee. Louisiana’s Third Circuit Court of Appeal addressed a common source of dispute — whether an employee’s medical condition was actually caused by his employment — in a case involving a welder who…
Louisiana Court Awards Workers Compensation Damages for Injured Employee Falling at Work
Compensation for work-related injuries can be an area of concern for both employees and employer. But what happens when the employee provides inconsistent stories that refute the injury alleged to have been suffered? The Second Circuit Court of Appeal for Louisiana recently addressed the issue. In August 2013, Kevin Tingle…
Louisiana Workers’ Compensation Benefits Not Extended to Resident Employed in Arkansas
Workers’ compensation provides an avenue for workers injured on the job to receive the compensation a worker deserves. But what happens when a resident of one state is injured while working for a company in another state? A recent case out of the Second Circuit Court of Appeal for Louisiana…