Our Clients are Personal
No matter what policies are put in place, workplace accidents are inevitable when man and machine work together. Even more unfortunate than your accident is the likelihood that the insurance carrier will treat you as a claim number and focus on protecting their bottom line. Do not let this happen to you. Call an experienced workers compensation attorney today.
Workers Compensation in Louisiana
Workers Compensation was created as a compromise between employees and employers. The compromise is that workers give up their rights to claim damages in civil court, and employers and insurance companies agree to pay benefits to workers for injuries occurring during the course and scope of their employment. In the past, workers would have to go through a long litigation process of traditional lawsuits, and employers were possibly on the hook for huge damages if negligence or recklessness were proven. In today’s administrative system, the process is supposed to be much faster and the burden on employees lessened with the compromise that damages are administrated quickly but are somewhat limited.
In theory, this is a great compromise for injured workers because the idea is to expedite the process and get injured employees their benefits more quickly than if they had to file a lawsuit in civil court and had to prove the accident was the employer’s fault. One of the biggest problems though is that the insurance companies have almost endless resources to “investigate” claims and drag matters on as long as possible. They do so in hopes that the employee will give up or settle cheap. This does not have to be the case. With an experienced workers comp attorney, you can build your case efficiently and move the claim along towards a reasonable settlement or adjudication before an administrative law judge.
Workers Comp News
OWC Does Not Have Jurisdiction Over All DisputesIn Workers CompDefendant, a medical facility, initially filed three disputed claims against Employer with the Office of Workers’ Compensation (OWC) because they had not been paid for medical services rendered. Employer argued they had not received notice of any treatment before the claims were filed. The medical facility voluntarily dismissed its claims with prejudice prior to the hearing. Employer then filed a lawsuit in state district court against the medical facility alleging that Defendant’s prior claims were frivolous, and seeking sanctions and attorney fees. Defendant filed an exception of lack of subject matter jurisdiction, arguing that Employer’s suit should have been filed in the OWC because Employer’s claim arose out of workers’ compensation disputes. The district court found it had jurisdiction and denied the exception. [Continue reading]
Court Addresses Time to File Claim for Death Benefits in Occupational Disease CaseIn Workers CompDecedent was a retired firefighter with the Jefferson Parish Fire Department. He passed away on May 5, 2013. On January 7, 2015, his widow filed a disputed claim for compensation seeking death benefits pursuant to La. R.S. 23:1231. Plaintiff alleged that her husband filed a workers’ compensation claim in 2004 for which he received benefits until the time of his death. She further alleged that he suffered a heart attack on the date of his death, and the coroner amended the death certificate in October 2014 to reflect that the cause of death was the heart attack. [Continue reading]
Willful False Statements Lead to RestitutionIn Workers CompClaimant allegedly injured his lower back while working as a laborer for the company he owned. Claimant filed a claim with his workers’ compensation carrier, and while some medical benefits were paid, Carrier denied authorization of lumbar epidural injections and paid no wage benefits. Claimant contacted Carrier to inquire about the denial of these benefits, and the adjuster took a recorded statement from Claimant. Claimant admitted to having a minor prior back injury and denied ever being involved in any motor vehicle accidents. Carrier thereafter approved the medical treatment and began paying temporary total disability benefits. [Continue reading]
Intoxication Defense Defeated with Coworkers’ TestimonyIn Workers CompPlaintiffs’ father was killed in an unwitnessed work accident when he was caught in a pinch point while operating a lift truck. An investigation revealed that the decedent had traces of marijuana in his blood and urine. Plaintiffs filed a disputed worker’s compensation claim for death benefits. Defendant answered the suit and filed a motion for summary judgment raising the intoxication defense provided in La. R.S. 23:1081, which establishes employers’ various defenses to worker’s compensation claims. Defendant argued that the death benefits were forfeited due to the intoxication, which triggered the statutory presumption that the intoxication caused the accident. Plaintiffs opposed the motion arguing that the deposition testimony of multiple coworkers showed that the decedent appeared to be normal prior to the accident. The worker’s compensation judge granted the motion and dismissed Plaintiffs’ claim. Plaintiffs appealed. [Continue reading]- Continued Work by Claimant May Limit Indemnity RecoveryIn Workers CompClaimant slipped and fell at work injuring her back and hip on November 26, 2011. Employer accepted the claim and paid indemnity benefits from May 15, 2013 through October 16, 2013. Claimant thereafter filed a Disputed Claim for Compensation seeking indemnity benefits, medical treatment, penalties, and attorney fees. At trial, it was found that Claimant’s initial physician found no basis to restrict her work activity. Further, Claimant testified that she was able to work for 18 months following the accident by using medication. It wasn’t until Claimant began seeing another physician that she was restricted from work. The worker’s compensation judge found that Claimant failed to present any evidence of a significant change in her circumstances from when she saw the first doctor until she was restricted from work. In regard to medical treatment, the Medical Director determined that lumbar epidural steroid injections (LESI) were not medically [Continue reading]
Contact Us
Need assistance with your work injury claim? Contact an experienced workers compensation attorney today.
365 Canal Street, Suite 2610
New Orleans, LA 70130
Telephone: (504) 872-9224
Facsimile: (504) 702-1924