A lawsuit out of Lafayette Parish demonstrates how Louisiana law allocates workers’ compensation benefits. To qualify for benefits, an employee must be injured during the course of employment. Temporary Total Disability (TTD) Benefits are paid while the employee is unable to work due to an injury. Supplemental Earnings Benefits (“SEB”)…
When you get hurt on the job, it is common to seek workers’ compensation benefits to help with the costs of your injury. However, the employer will likely at some point seek to diminish or cease payment altogether. In a recent case out of the Parish of Calcasieu, we learn…
Peanuts and cracker jacks are two cornerstones of the game of baseball. However, surgery is not. Yet, when one little leaguer got struck by a baseball during practice, the league’s insurer tried to get out of picking up some of his medical bills. The Louisiana Third Circuit Court of Appeal,…
Sometimes when a plaintiff is awarded damages at trial he or she may believe that the damage amount does not match the injury he or she incurred. When this situation happens, what can a plaintiff do to challenge the damage award? And how easy is it get an increase in…
Often, the facts of a lawsuit are unclear. One strategy that lawyers often use to prove their version of events is to use an expert witness to corroborate their side’s story. Expert witnesses are individuals who possess knowledge in a field or area that the average person knows little to…
When an employee is injured in the course of his or her job, then the employee will receive wage replacement and medical benefits in the form of workers’ compensation. Workers’ compensation takes the place of a lawsuit an employee can bring when he or she is injured on the job…
Accidents can happen at any time, even at work. Sometimes these accidents can aggravate a pre-existing injury. In a claim for workers’ compensation benefits, employers may use the existence of an old injury to deny payment of benefits despite a clear work accident with medical repercussions. This was the case…
There are many questions involved in filing and pursuing a lawsuit. How do I file? When must I file? Against whom do I file it? What amount of damages do I seek? Most people are unaware that there are different types of damages. An attorney’s trial strategy not only plays…
There really can be several hazards in a grocery store: rogue carts, other shoppers, scattered merchandise, to name a few. Even more common is the infamous puddle of water. Inevitably in a store full of liquids, patrons can slip and fall in a neglected puddle. But when should the grocery…
Good medical treatment, even in a first-world country, can, unfortunately, be difficult to find. Doctors make mistakes and sometimes even entire hospitals can be at fault. In a recent case out of Ouachita Parish, a woman was delayed admission to a hospital for an extended period which ultimately led to…