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Articles Posted in Workplace Accidents

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Can An Independent Medical Examiner Determine Maximum Medical Improvement in a Worker’s Compensation Case?

Being injured at work is never what you want to deal with. What’s worse is dealing with multiple independent medical examiners making opinions on your medical state. In the following case, the Louisiana Court of Appeal First Circuit addresses whether a medical examiner’s determination of maximum medical improvement is closely…

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Understanding the Impact of Settlement on Workers’ Compensation Benefits in Louisiana

Suppose you are considering settling a lawsuit related to injuries on the job. In that case, it is essential to understand how a potential settlement of a related claim could affect your workers’ compensation benefits. What happens to your workers’ compensation benefits if you settle a related lawsuit without written…

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Office of Workers’ Compensation Exceeded Authority By Shortening Prescription Period

Navigating bureaucracy and red tape is a common experience when dealing with government agencies and trying to obtain workers’ compensation benefits. However, if you find yourself frustrated by what seems like an improper requirement, you might be able to challenge an administrative agency’s actions as exceeding its authority, as Calvin…

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Louisiana Court Bars Recovery for NOPD Officer Who Tested Positive for Morphine on the Job

Random drug testing is common practice for certain jobs. What remedy does a police officer have when he takes a morphine pill for pain and is randomly selected for a drug test the following day when he comes into work? Officer Mario Cole was randomly chosen to undergo a standard…

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When Coworkers Attack: Negligence Claims for Intentional Workplace Injuries

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…

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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…

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When do you Need your Doctor’s Testimony to Win your Workplace Injury Lawsuit?

When injured on the job, your doctor knows best until you get a second opinion. While your primary care doctor may advise you to recover instead of resume working right away, if you get a second opinion that finds you capable of working, that second opinion can trump your primary…

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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…

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What do I need to Prove for A Slip and Fall Lawsuit in Louisiana?

If you are walking down the aisle of a store and fall and injure yourself, you may think you have a winning lawsuit. However, that is not always the case. A recent lawsuit out of Gretna, Louisiana, establishes what a plaintiff needs to prove when filing a slip-and-fall lawsuit in…

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Fax Filing A Lawsuit, Make Sure You Follow the Rules Precisely

After a workplace accident, an employee may be flustered, but it is essential that the employee promptly becomes knowledgeable about court requirements and deadlines. If a claim is not filed within an allocated timeline, the claimant may be barred from bringing the claim forward. The following case out of Jefferson…

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