If you have been injured on the job, you might be entitled to workers’ compensation. In order to receive compensation, there are a number of procedural requirements with which you must comply. Elaine Rodrigue worked as a paralegal for the school board in Lafourche Parish, Louisiana. While working, she tripped over a rug and had
Workers’ Compensation Claimant Denied Choice of Physical Therapist to Conduct Functional Capacity Evaluation (“FCE”) Choice in Pharmacy For a Work-Related Injury Belongs to the Employer
If you are injured on the job, one of your primary concerns is likely finding competent medical care. Under the Louisiana Workers’ Compensation Act, injured workers can select one physician of any specialty without their employer’s approval. What happens if your employer refuses to pay for your selected physician? Marvin Ray Scott brought a workers’
If you have experienced symptoms from working in a moldy work environment, you might think you are entitled to recover from your employer. However, navigating the Workers’ Compensation system can be challenging partly because of the distinct and often complicated vocabulary in the statutes. This case involves defining an occupational disease under the Louisiana Workers’
Statutory employer immunity is critical in determining liability and compensation for workplace injuries in workers’ compensation. The following case is an example where the court had to decide whether the defendant was entitled to statutory employer immunity under the dual contract theory provided for in La.R.S. 23:1061(A)(2). We will examine the facts of the case,
Can the Time to File a Lawsuit in Louisiana Be Extended Due to Discovery Issues? Summary Judgment for Malicious Prosecution Improper Without Adequate Discovery
Summary judgment is designed to enable judicial expediency and cost-effectiveness in the courts. It is an important and complicated procedure that can occur repeatedly during litigation. When summary judgment is asserted repeatedly in the same case, how do parties prevail in their attempts to get or defeat summary judgment motions? The following case helps answer
When an individual sustains an injury while on the job, the anticipation of receiving workers’ compensation to tide them over during their recovery is natural. Regrettably, situations arise where companies are unwilling to shoulder this responsibility. The scenario becomes more intricate when a parent company distances itself from its subsidiary’s actions, attempting to evade liability
Louisiana’s Workers’ Compensation fund exists to pay employees injured at work. Payment can be used for medical care and lost wages. When parties sign a settlement agreement on payment terms, an employee may assume payment is imminent. In a recent case from Rapides Parish, an employee discovered some conditions in a settlement may delay payment.
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.