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).…
Contractual relationships and the relative obligations and rights that come with them can be difficult to decipher. There are so many clauses, provisions, and sections buried in these agreements that understanding the importance of certain matters can get lost in translation. In order to truly comprehend the exact obligations and…
We live in an age in which modern medicine can do wonders for people suffering from various illnesses and conditions. These drugs are designed to provide patients with the ability to live healthy and fulfilling lives. However, there are always side effects to consider when taking any drug. Each patient…
The right to jury trial is a fundamental part of our government, enshrined in its own amendment to the Constitution. U.S. Const. Amend VII. It is such a valued right that, while a party has the option to waive it, that waiver must be clear and obvious. In fact, a…
An appeal is the legal system’s way of letting the losing side have one, or two, additional chances at making their case before the final bell rings. The losing side can, and often does, argue for virtually every perceived problem or slight that occurred in the lower court proceedings. But,…
Louisiana is an “at-will” state when it comes to employment meaning when the employer and employee have not agreed to a limited term of employment, either the employee or the employer can break the relationship at any time without a reason. Term employment involves a stronger and a more defined…
Litigation is very complicated, particularly amongst the weeds of appeals and motions. This is illustrated very well in a case out of the Louisiana state Fifth Circuit Court of Appeal. One of the most important things it teaches is that it is invaluable to have a knowledgeable attorney who is…
When bringing a case for damages for wrongful termination due to age discrimination, a former employee must demonstrate that despite their age (or other considerations), they are capable of performing the duties associated with the position from which they had been fired. Failure to do so may result in a…
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…
Often, when a person gets into an accident, they may not immediately feel the injury. In fact, after a slip and fall, car accident, or other personal injury, it may take a long time for a person to begin feeling the effects of the injury. As such, when an injured…