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…
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…
If you have been injured in an automobile accident, you deserve to be properly compensated for your injuries. Sometimes, unfortunately, the person who caused the injury may not be able to adequately compensate you. This does not mean you are out of luck. If the person responsible for your injury…
It is, mildly stated, disappointing for a plaintiff when a court dismisses his or her case based on a technicality, particularly when the lawsuit is about medical malpractice. Unfortunately, even when a plaintiff has a good case, with all the necessary evidence to show that the defendant was wrong, the…
Many workers in Louisiana are exposed to dangers on the job. An injury that occurs during the scope of employment often leads to more problems than just the physical turmoil following the injury. An employee might be denied payment for medical expenses, may face mental and emotional anguish, or could…
Non-Compete agreements can restrict a person’s ability to start and maintain a business. Anyone who plans to work in Louisiana should be very clear what they can and cannot do as a part of a non-compete agreement. For example, a trial court in Louisiana held that a cardiologist’s business, which…
Car accidents happen all the time in Louisiana, but not all accidents cause injuries. Unfortunately, that wasn’t the case in Tangipahoa Parish, Louisiana, when Joseph Lohenis found himself rear-ended on Highway 1249 by a vehicle owned by Tammy Rousse. Lohenis’ son was driving the car and Lohenis’ wife was in…
In Louisiana, the law presumes a driver negligent when he or she leaves a travel lane and strikes another vehicle. This presumption stems from the legal obligation all motorists have to maintain control of their vehicle. In personal injury cases, this presumption overrides the normal burden of proof which lies…
If your employer is knowingly putting you in harm’s way and you suffer an injury, you may have an intentional tort claim against your employer. In Louisiana, remedies against an employer for on-the-job injuries are limited to cases of intentional acts, rather than negligence. In a recent case the Louisiana…
When an employee is injured on the job, he or she may be entitled to workers’ compensation benefits. However, if an employer can show that the employee intentionally lied to receive extra reimbursement for a workers’ compensation claim, the employer will not have to pay any benefits that it would…