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Articles Posted in Workers Compensation

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Lafayette Court Denied Retaliatory Discharge Claim, Instead Found Employer to be “Very Accommodating”

In the face of a potentially unlawful termination from your job, navigating the legal landscape can be daunting. If you suspect that you have been fired unjustly, it is essential to understand the critical elements required to bring a lawsuit against your employer for wrongful or retaliatory discharge. A recent…

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Is Strict Compliance With Settlement Agreement Terms Required?

If you sign a settlement agreement, you might feel relieved that you no longer have to go to trial. After all, settlements are generally thought to save you the time and expense of going to trial. But what happens if the other side fails to pay you the settlement funds…

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Worker Entitled To Workers’ Compensation From Injuries From Passing Out At Work

You might be eligible for workers’ compensation if you are injured on the job. However, you must be honest in your communications with your employer and medical providers because, under Louisiana law, you forfeit your rights to any such benefits if you make misrepresentations or false statements concerning your workers’…

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Workers’ Compensation Lawsuits and the Battle for Evidence

Unfortunately, heart attacks are one of the most common causes of death. If a loved one suffers a heart attack while on the job and you file a workers’ compensation claim, you must provide evidence to support your claim. But what happens if the employer files a motion for summary…

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While Injured Worker Claims Late Payment, Louisiana’s First Circuit Court of Appeals Focuses on Important Date

For purposes of seeking an appeal, there is great importance in preserving the record, which may be done through admitting evidence at trial to support relevant claims. When the record has not been established at trial, it is difficult for the best attorneys to succeed on appeal. William Taylor (Mr.…

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Prevailing Against All Odds: Triumphing in a Workers’ Compensation Claim

In the realm of lawsuits, there are always two sides to the story, presenting challenges in determining who will emerge victorious. However, even when faced with factual disputes, there is still hope for success in your worker’s compensation claim. The case of David Thibodaux, a truck driver for Grand Isle…

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The Challenge of Establishing Causal Links in Workers’ Compensation Claims

A pre-existing illness requiring time off is difficult, especially if one believes the work environment is worsening the condition. However, proving the environment is the cause of the worsening condition is difficult to do. So, how can a pre-existing illness affect a worker’s compensation claim? What happens if you cannot…

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The Importance of Accurate Service of Process Information in Lawsuits

If you need to file a lawsuit, obtaining the opposing party’s accurate service of process address is crucial. Otherwise, you may face challenges similar to those encountered by Veronica Gordon. Gordon was an independent contractor for A-1 St. Bernard Taxie & Delivery, LLC, when she was involved in a motor…

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Are Third-Party Contractors Caught in a Workers’ Compensation Loophole?

The evolving nature of employment now means the relationship between employer and employee can be indirect and through different contracting methods. In addition, many people employed by one company are, in fact, on the job doing work for another. A recent case in Louisiana highlights these distinctions and the risks…

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“Still on the Clock in Shreveport”: The Exclusive Remedy of Workers’ Compensation

A typical work schedule for a full-time employee consist of working seven to eight  hours a day. A customary practice among some employees involves leaving their place of employment a couple minutes before their official workday ends; however, what happens if you are injured during those last few minutes? Are…

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