An employee injured at work while performing the functions of her job is generally entitled to worker’s compensation. But what about a worker injured on the job by the intentional act of a fellow employee? An action for recovery due to employer negligence could be a better option. Louisiana worker’s…
Articles Posted in Workers Compensation
Can An Undocumented Worker Receive Workers’ Compensation Benefits?
Navigating receiving workers’ compensation benefits following an on-the-job injury can be difficult. It is even more difficult when you are an undocumented worker. Unfortunately, that is the situation Candido Perdomo, an undocumented worker, found himself in after he was injured when he was pinned underneath a garbage truck when a…
How Does a Pre-Existing Injury affect your Workers’ Compensation Claim?
When people are injured at work, they expect to be compensated for an extended period. However, worker’s compensation can be hard to recover. So how does a pre-existing injury affect your workers’ compensation claim? The following lawsuit from Metairie, Louisiana, helps answer this question. Sharon Mangiaracina suffered a work-related injury…
When Does the Date of Disability Start for a Workers’ Compensation Claim?
When you are injured on the job, it’s not always your employer’s or fellow employee’s fault. If you are injured while working by a third party, there are rules to follow when settling your claims. Following those guidelines is important because if you don’t, you may alter the workers’ compensation…
Choice in Pharmacy For a Work-Related Injury Belongs to the Employer
Getting treatment and medication can be challenging when recovering from an on-the-job injury. If you are injured at work, you may want to pick up prescriptions at the local pharmacy closest to you. While you may have interpreted Louisiana’s Workers’ Compensation statutes to allow for “choice of pharmacy” in the…
Probationary Employees Beware: Employer Takes Issue with Louisiana Workers’ Compensation Judge Decision on Appeal
Employment law disputes are very fact-specific inquiries. Judges, especially workers’ compensation judges, are typically well-equipped to handle these cases. But when a judge mishandles the facts or misinterprets the law having an excellent attorney in your corner helps in the appeal process. For the Sewerage & Water Board of New…
Three-Year Rule Applies to Worker’s Compensation Claims for Necessary Treatment
Timing is an important part of claiming worker’s compensation in Louisiana. Louisiana R.S. 23:1209(C) requires that: The employee files an initial claim or makes other suitable arrangements within one year of the injury; and The employee makes any subsequent claims no more than three years after the last payment of…
When Can I File a Tort Lawsuit against my Employer if I am Hurt at Work in Louisiana?
Workers’ compensation is a financial support system that may be available to injured employees. It aims to ensure employees are compensated for their injuries and do not bear the entire expenses of medical bills. Workers’ compensation laws differ from state to state. Still, the general idea is that employees can…
Lawsuit Over Car Accident Involving Louisiana State Employee Dismissed After Three Years of Inactivity by Plaintiff
Anyone involved in a lawsuit knows that litigation can take months or even years to resolve. Though courts try to expedite the process, the parties involved are also responsible for moving the case forward expediently. If the plaintiff in a lawsuit files a complaint and fails to take further action…