Louisiana Personal Injury Lawyer Blog
In today’s interconnected world, it’s not uncommon for employees to find themselves working across state lines. But what happens when an injury occurs in a different state than where the employment contract was formed? Whose laws apply? Can an injured worker sue their employer, or are they limited to workers’ compensation benefits? These questions were at the heart of the recent case Creel v. International-Matex Tank Terminals.
Richard Creel, an electrician, was injured while working at an IMTT facility in New Jersey. His employer, Versatech, was based in Louisiana. While Creel received workers’ compensation benefits in Louisiana, he also wanted to sue IMTT for negligence.
IMTT argued it was immune from lawsuits because it was Creel’s “statutory employer” under Louisiana law. Creel countered that New Jersey law should apply, and under that law, he had the right to sue. The initial court sided with IMTT, but an appeals court overturned that decision, sending the case back to the lower court for further review.
Contracting and subcontracting in the construction industry are standard practices. However, they can create several challenges when a worker is injured. What happens, for instance, when the employee of a subcontractor is injured by a device owned and operated by a municipal government unconnected to the construction project at hand? The Louisiana First Circuit Court of Appeal recently addressed this question when a worker was injured by an overhead power line. 
Providing sufficient expert testimony can be crucial to prevailing a medical malpractice lawsuit. But what happens when the court determines that the expert testimony offered by a doctor on the plaintiff’s behalf is insufficient because the doctor does not specialize in the same field as the defendant? 
If you are injured on the job, you might be entitled to compensation through the workers’ compensation system. What happens if your employer denies your claims for treatment recommended by your treating physicians? Can your employer be required to pay you penalties and fees?
While involved in a legal dispute, there are strict timelines that must be followed, not only for filing an initial lawsuit, but also for filing any subsequent appeals. However, arguments can arise about what timeline applies to a certain factual situation. 
“Causation is an issue of fact.” “It is the test for determining the causal relationship between an accident and an ensuing injury.” 
Undergoing a surgery is always a nerve-wracking experience. You want to be able to trust that your surgeon conducted and reviewed the appropriate pre-operative tests. Can a surgeon be held liable if he or she fails to review the results of the pre-operative tests before performing the surgery? 
Why would you appeal a judgment when the jury ruled in your favor? The following case involves a situation where the jury ruled in favor of an injured person, and he was awarded substantial damages. Still, instead of basking in the glow of victory, he chose to appeal the judgment. Why would anyone appeal when the scales of justice have tilted in their favor? The answer to this question lies in the intricate dance of legal strategy, discretion, and the quest for justice. Let’s delve into Kupke’s case to unravel why one would appeal a judgment even when the jury ruled in their favor.
Although money can never replace a loved one, if you find yourself in the tragic aftermath of a loved one’s death, you might be looking to recover damages from the responsible parties. However, the process of recovering damages can be difficult and emotionally charged. This is especially true if an insurance policy is involved and the insurer argues it is not required to provide coverage. 
When receiving medical care, the choice of medical professional can influence your treatment. If you have been injured on the job, you might not be sure if you can pick your own doctor or if you have to use a doctor your employer selects. Under the Louisiana Workers’ Compensation Act, an injured worker is entitled to select a physician in any specialty for an initial visit. The employer is not required to approve the employee’s choice of physician. What happens if the employer claims the employee was not injured on the job?