The issue of injuries within the scope of employment is not always black and white. Two concepts have somewhat complicated the matter: the borrowed employee and joint employment. Under the borrowed employee doctrine, a permanent employer may loan an employee to another, temporary employer. While under the temporary’s employ, the employee’s actions are that of
3rd Circuit Uses Helicopter Injury Case to Clarify “Injury Within the Scope of Employment” Injuries in the workplace occur frequently and thus many states have forced employers to purchase workers’ compensation insurance. Under workers’ compensation, the employer’s insurance agrees to pay for any lost wages and medical bills as a result of the employee’s injury.
Insurance companies do not always make recovery of benefits easy when a worker is injured on the job. The insurance recovery process can be overwhelming, and may be complicated by the often necessary instigation of litigation. Many different provisions governing recovery are involved in insurance contracts. Insurance negotiations can be complicated by differing interpretations of
Previously on this blog, we have explored a number of cases where a party has faced defeat in court because of the failure to follow a procedural rule in litigation. Louisiana’s rules of civil procedure are designed to require a timely commencement to a suit and to ensure that the suit is then adjudicated in
When an insurance company provides coverage to a business, the contract typically includes a duty to defend the inured business against any coverage claims. If an insurer refuses to provide the insured with claim defense, then the insured business may sue the insurance company for indemnification of defense fees. However, a question often arises as
In Louisiana truck accident litigation, proving that a driver was an employee is only half the battle. To hold a logistics company vicariously liable under La. C.C. Art. 2320, you must also prove the driver was acting within the “Course and Scope of Employment.” If the driver was engaged in a “personal mission” at the
In order for a court to have jurisdiction over a person, proper service of process must be employed, giving legal notice to the party of the suit and enabling them to timely prepare in anticipation of the suit. If proper service is not performed, a court may not have jurisdiction over such person. In a
Gambling is one of the many recreational activities that the state of Louisiana has to offer. One of the more popular ways to gamble in Louisiana, is on the river boat casinos. However, in a recent Louisiana Third Circuit Court of Appeal decision, the court explored whether or not incidents such as personal injury that
In insurance, an assignment is the transfer of legal rights under an insurance policy to another party. The legality of assignments became a major issue in the aftermath of hurricanes Katrina and Rita. During this period, the federal government, in an effort to aid rebuilding efforts, issued money through the Road Home program to homeowners
When making a legal claim against a person or entity, time is of the essence. Prescription bars certain legal actions after a specified time period. If the specified time period has lapsed, the action is thereafter prohibited. The Fifth Circuit recently explored the issue of prescription, demonstrating how prescription operates to effectively bar actions if
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.
The issue of injuries within the scope of employment is not always black and white. Two concepts have somewhat complicated the matter: the borrowed employee and joint employment. Under the borrowed employee doctrine, a permanent employer may loan an employee to another, temporary employer. While under the temporary’s employ, the employee’s actions are that of
3rd Circuit Uses Helicopter Injury Case to Clarify “Injury Within the Scope of Employment” Injuries in the workplace occur frequently and thus many states have forced employers to purchase workers’ compensation insurance. Under workers’ compensation, the employer’s insurance agrees to pay for any lost wages and medical bills as a result of the employee’s injury.
Insurance companies do not always make recovery of benefits easy when a worker is injured on the job. The insurance recovery process can be overwhelming, and may be complicated by the often necessary instigation of litigation. Many different provisions governing recovery are involved in insurance contracts. Insurance negotiations can be complicated by differing interpretations of
Previously on this blog, we have explored a number of cases where a party has faced defeat in court because of the failure to follow a procedural rule in litigation. Louisiana’s rules of civil procedure are designed to require a timely commencement to a suit and to ensure that the suit is then adjudicated in
When an insurance company provides coverage to a business, the contract typically includes a duty to defend the inured business against any coverage claims. If an insurer refuses to provide the insured with claim defense, then the insured business may sue the insurance company for indemnification of defense fees. However, a question often arises as
In Louisiana truck accident litigation, proving that a driver was an employee is only half the battle. To hold a logistics company vicariously liable under La. C.C. Art. 2320, you must also prove the driver was acting within the “Course and Scope of Employment.” If the driver was engaged in a “personal mission” at the
In order for a court to have jurisdiction over a person, proper service of process must be employed, giving legal notice to the party of the suit and enabling them to timely prepare in anticipation of the suit. If proper service is not performed, a court may not have jurisdiction over such person. In a
Gambling is one of the many recreational activities that the state of Louisiana has to offer. One of the more popular ways to gamble in Louisiana, is on the river boat casinos. However, in a recent Louisiana Third Circuit Court of Appeal decision, the court explored whether or not incidents such as personal injury that
In insurance, an assignment is the transfer of legal rights under an insurance policy to another party. The legality of assignments became a major issue in the aftermath of hurricanes Katrina and Rita. During this period, the federal government, in an effort to aid rebuilding efforts, issued money through the Road Home program to homeowners
When making a legal claim against a person or entity, time is of the essence. Prescription bars certain legal actions after a specified time period. If the specified time period has lapsed, the action is thereafter prohibited. The Fifth Circuit recently explored the issue of prescription, demonstrating how prescription operates to effectively bar actions if