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Articles Posted in Negligence Claims

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New Orleans Police Officer’s Termination from Traffic Accident Confrontation Upheld

To ensure public trust in law enforcement, local government officials have the power to regulate police officers’ conduct both on and off duty. There are certain lines that police officers should not cross, even in their private lives. The following case shows how the New Orleans Police Department (“NOPD”) can…

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Louisiana State Employees’ Retirement System Loses Battle Over Disability Insurance With East Baton Rouge Women

On-the-job injuries can sometimes result in employment termination when the injury prohibits you from completing your work. When this happens, state-funded disability retirement benefits can keep former employees financially afloat; however, eligibility for such benefits depends on how long you have worked for the employer and when you file your…

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Are Mental Injuries Covered By Workers’ Compensation?

Employees are often exposed to stressful situations while at work, whether from unhelpful coworkers or understaffing. Under what circumstances are resulting mental injuries entitled to workers’ compensation?  Diedre Emerson worked for Willis Knighton Medical Center as a certified nurse assistant on the cancer floor. One day, she arrived at work…

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When Doctors Disagree: What Happens When There Is Conflicting Testimony In A Workers’ Compensation Case?

Medical testimony is an essential part of determining whether an injured worker has a valid claim. What happens if the doctors’ diagnoses conflict and they reach different conclusions about whether an injured worker can return to work? Maxine Hall worked as a housekeeper for Global Solution Services. While working for…

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Who Is Responsible For Damages In Accident Involving Borrowed Car And Inadequate Maintenance?

It is common to borrow a car from a family member or friend. If you are unfortunately involved in an accident while driving a borrowed car, who is liable for damages if the accident results from inadequate maintenance?  While Holly Fontenot was driving a car owned by Patricia Neil and…

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Injured Worker Who Hid Injuries Still Entitled To Workers’ Compensation

If you are injured on the job, it is best practice to inform your employer and supervisor about your injuries. They will likely inform you about possible workers’ compensation to which you might be entitled. Are you still eligible to receive workers’ compensation benefits if you tried to hide your…

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Injured Work Release Inmate’s Sole Remedy Is Workers’ Compensation

Even while an inmate, you are still entitled to damages if you are injured on the job. If you are injured while working in a release program, are you entitled to compensation through the workers’ compensation scheme?  Lindsey French was serving a sentence for drug and firearm charges at the…

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Presumption of Negligence in Rear-End Accidents Does Not Always Lead To Summary Judgment Victory

Under Louisiana law, there is a presumption the driver of a car that rear-ends another car acted negligently. However, this presumption of negligence can be overcome in certain situations, such as if the driver of the vehicle that was rear-end shifted lanes soon before the accident. While Tammy Bloxham was…

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Can an Independent Contractor collect Workers’ Compensation Benefits?

The distinction between independent contractors and employees has always been something of a balancing test. This distinction becomes vital in workers’ compensation issues, where employees generally enjoy peace of mind with workers’ compensation in the event of an injury, whereas independent contractors usually do not. But are there some cases…

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No Hostile Work Environment Where Employer Took Remedial Actions

No one should have to deal with sexual harassment in the workplace. If you are dealing with sexual harassment at work and you report it to your employer, you hope they will act on your report. How do actions taken by your employer affect your ability to recover for sexual…

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