Louisiana Personal Injury Lawyer Blog
Navigating the workers’ compensation system can be overwhelming when you’ve been injured on the job. You may be tempted to accept a quick settlement to cover immediate medical bills and lost wages. However, it’s crucial to understand the long-term implications of such a decision. A recent Louisiana case highlights the importance of carefully considering settlement agreements in workers’ compensation claims.
Benny Hernandez was injured at work in 2014. He initially filed a workers’ compensation claim, represented by an attorney, and reached a settlement with his employer and its insurer. The settlement was approved by a workers’ compensation judge, and Hernandez’s claim was dismissed with prejudice.
However, a year later, Hernandez filed another claim related to the same injury. His employer and insurer responded with a peremptory exception of res judicata, arguing that the matter had already been resolved. The court agreed and dismissed Hernandez’s second claim.
In the realm of personal injury law, a recent Louisiana Court of Appeal case has highlighted the potential pitfalls of multiple lawsuits arising from the same accident. The case, Wicker v. Louisiana Farm Bureau Casualty Insurance Company, et al., involved a car accident where the plaintiff, Joy Wicker, initially filed a suit through her insurer, State Farm, followed by a separate personal injury lawsuit. The defendants tried to dismiss the second suit based on the doctrine of res judicata, but the Court of Appeal overturned the trial court’s decision, emphasizing the distinct nature of the two claims.