Louisiana Personal Injury Lawyer Blog
Many workers hope that, should they be injured on the job, financial protections are in place to ensure that they have plenty of time to recover before going back to work. The protections are often in the form of workers’ compensation payments. However, these protections will not protect an injured worker indefinitely. Should a doctor find that a worker is fit enough to return to the job, the employer has the right to fire an employee that refuses to return to work. It is important to understand when an injured worker is required to return to the job and what needs to be proven to extend the payment period.
Kerry West was involved in a car wreck while he was working for the Sewerage and Water Board of New Orleans (“S&WB”). Mr. West had worked for S&WB for approximately 25 years. After the accident, Mr. West did not return to work. This was under the advisement of his primary care physician, Dr. Waterman. Because it disagreed with Dr. Waterman’s opinion, S&WB sent Mr. West to another doctor for a second opinion, Dr. Steiner. In contrast to Dr. Waterman’s evaluation, Dr. Steiner found that Mr. West could return to work. However, this return was limited to light duty work. S&WB offered Mr. West an accommodating position of light duty work. Despite the new evaluation and the offer of light duty work, Mr. West refused to return to work in the new position. He relied on the opinion of his primary care physician, Dr. Waterman. In response to Mr. West’s refusal to go to work, S&WB held a pre-termination hearing. Mr. West was allowed to testify on his own behalf. He claimed that he was unable to return to work in any fashion. Mr. West was then fired by S&WB pursuant to Civil Service Rule IX § 1.1, as he was unwilling to return to work.
Mr. West then appealed his termination to the Civil Service Commission for the City of New Orleans. The Commission performed a hearing, where both Mr. West and S&WB testified and presented evidence on Mr. West’s ability to work, and his refusal to do so. Independently, the Commission found that S&WB had found sufficient cause to terminate Mr. West. It was this decision by the Commission that Mr. West appealed to the Louisiana Court of Appeal, Fourth Circuit.
The doctrine of peremption can prevent someone from bringing legal action against someone should that action be brought after a certain amount of time. Peremption is a period of time fixed by law for the existence of a right.
The strip of grass between the street and the sidewalk seems harmless enough. Yet, when negligently maintained, it can pose a danger to the public. The case that follows helps determine who should be liable for such a defect when an injury occurs on that piece of property.
Guardrails serve a life-saving function on our roads. Their placement on dangerous curves or in front of bodies of water can turn a deadly accident into a routine fender bender. Unfortunately, guardrails cannot be on every section of road. Local and state government agencies are only obligated to place them where they can prevent foreseeable accidents from happening. But, some situations are nearly impossible to predict, especially in cases where the vehicle was not following the road for a long period of time before the accident. With the help of an excellent attorney, St. Charles Parish was able to avoid liability to an injured driver after one of these unpredictable situations.
Providing preferential seating to disabled customers is a great service most businesses provide. This also means that the wheelchairs, walkers, and other items the disabled customers must be stored in areas that provide a safe walking environment for other customers. The controversy surrounding where it is proper or improper to put these items was illustrated in a case where a Baton Rouge Casino was sued by a woman who tripped over the walker of a disabled customer. With the help of an excellent attorney, the Casino was able to prove it seated a disabled gentleman properly when the woman sued the casino after her fall.
When a lawsuit fails, there are certain situations where the party who brought the failed lawsuit is responsible for the costs to the other party. Where that line is drawn is generally based on a judge’s discretion and views on the reasonability of those costs. Without excellent attorney work, procedural and legal roadblocks may make it impossible for a court to award the fees that a party should be entitled to. That was the case for three dentists after winning a lawsuit against a Baton Rouge plaintiff.
If you get hurt due to someone else’s negligence and they agree to cover the costs, how much time do you have to sue for damages? According to Louisiana’s Second Circuit Court of Appeal, you have one year from when the injury occurred or when prescription is interrupted. Typically, prescription refers to land rights, but in Mr. Bethley’s case, it concerns the defendant’s agreement to pay his medical bills.
Can a store, like Lowe’s or Home Depot, be held liable for injuries resulting from the sale of the wrong part or product? In Ms. Johnson’s case, the answer was no. Sharon Johnson’s lawn mower needed a new spark plug, so she went to the Lowe’s in Shreveport to find one. Because Ms. Johnson was unsure about the type of spark plug she needed, she asked a sales associate to help her. The sales associate researched the spark plug that she needed, she purchased it, and returned home to install the part.
Accidents can come from the most unexpected of circumstances and result in life altering consequences. Here, a man suffered severe injuries while driving to the local convenience store to purchase a cup of coffee, when a rotten tree from a resident’s yard fell and struck his vehicle.
When representing clients, attorneys walk a fine line between providing adequate services for their clients and being potentially sued by their clients for legal malpractice. While there are legitimate cases of malpractice among attorneys, there are also allegations of malpractice that simply lack merit and are based upon anger from a dissatisfied client.