Louisiana Personal Injury Lawyer Blog
Ordinarily, when one is involved in an automobile accident, the injured party files a claim with the at-fault driver’s insurance company. When a person is involved in an accident with a co-worker in the course of their employment duties, however, the injured party may collect workers’ compensation instead. Can the injured employee “double-dip” and also collect under a Uninsured/underinsured motorist policy? This was the issue in a recent case out of Delcambre, Louisiana.
Annique Johnson, Wanda Theriot, and Emily Laester were employees of Le Bon Manger, Inc. While acting within the course and scope of their employment; the employees were in a car accident while Laester was driving. Laester was at fault, and the employees sustained injuries. Johnson and Theriot filed claims for workers’ compensation benefits and settled those claims. Later, Johnson and Theriot (Plaintiffs) filed a civil lawsuit against their employer, Laester, and State Farm under separate policies for each party. State Farm filed a motion for summary judgment to dismiss the case because the Plaintiffs already collected under workers’ compensation law. The plaintiffs appealed to the Louisiana Third Circuit Court of Appeal.
Under Louisiana law, fellow employees have statutory immunity from lawsuits brought by co-employees for which workers’ compensation laws provide the sole remedy. See La. R.S. 23:1032. This lack of standing to bring a lawsuit automatically means there can be no lawsuit against the co-employee car insurance company. See Hebert v. Clarendon Am. Ins. Co. Essentially, the availability of workers’ compensation erases the existence of an uninsured/underinsured motorist and erases the availability of that coverage.
When you enter a store or place of public accommodation as a customer, there is a certain expectation of safety. Many customers expect stores to provide clean bathrooms and a slip-free environment. This, however, was not the case for Valencia Lewis when she was walking through a New Orleans casino. 
The prospect of undergoing medical procedures carries inherent risks; sometimes, unfortunate incidents can lead to injuries. In such cases, individuals can pursue medical malpractice claims to seek compensation for damages. A crucial aspect of these claims is presenting the appropriate evidence and adhering to procedural requirements. A telling illustration of the importance of these procedures is found in a lawsuit involving Elliott R. James and Lakeview Medical Center, LLC. This case underscores the significance of following legal protocols and obtaining substantial evidence to bolster a medical malpractice claim.
Before accepting a job, it is essential to review all policies provided to you by your potential employer, as these policies may not always be in your best interest. The following East Baton Rouge case demonstrates what may or may not be considered a “wage” payable at the end of employment. 
Imagine being wrongfully arrested and seeking justice for the harm caused. This was the situation for Joe Bridges III, Jordan M. Bridges, and Branden J. Herring, who filed a lawsuit for damages after an arrest on July 30, 2011. The plaintiffs initiated the lawsuit by filing a petition for damages on July 20, 2012. The defendants named in the petition included the Baton Rouge Police Department, the City of Baton Rouge, and several individual police officers.
The challenges posed by mental and physical disabilities can place immense strain on families, particularly when the affected individual is unaware or unable to acknowledge their condition. When individuals face difficulties managing their health, personal matters, finances, and business affairs due to mental incapacity, they must take legal steps to protect their interests. During such trying times, the guidance of a skilled lawyer can alleviate some of the pain and stress that families experience. 
It’s pretty common for large corporations to conduct business across multiple state lines. So, too, it’s expected that employees for these types of companies will also have connections with multiple states based on their employment with the corporation. In these situations determining which state and Court has jurisdiction over legal claims when such issues arise can become an incredibly fact-specific inquiry. This was the case for one Workers’ Compensation Judge (“WCJ”), who found that the Office of Workers’ Compensation (“OWC”) located in Lafayette, Louisiana had subject matter jurisdiction to decide the legal claims of a former Tyson-employed truck driver.
When medical emergencies strike, the rapid response of emergency medical technicians (EMTs) can mean the difference between life and death. However, the high-pressure nature of their role can also give rise to complex legal questions when outcomes take a tragic turn. Richard Miller’s case sheds light on the intricate landscape of EMT liability, illuminating the balance between legal protections afforded to these healthcare professionals and the pursuit of justice for patients and their families. It also helps answer the question: Can an emergency medical technician or their employer be held liable when things go wrong? 
When multiple people are injured in the same incident, you might expect they are all eligible to recover the same type of damages, even if the precise dollar amount varies. This case indicates how the categories of damages awarded can vary by plaintiff, depending on the testimony and other evidence presented at trial. 
While headlines often tout substantial monetary awards for injured workers, the intricacies of such compensation might remain shrouded in mystery. Behind every high-stakes verdict lies a meticulous process of presenting compelling evidence to substantiate the array of damages claimed. In a recent case involving workers at a Firestone Polymers plant, the multifaceted nature of damages is unveiled, shedding light on the need for robust legal representation to navigate the diverse categories of compensation.