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Articles Posted in Workers Compensation

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Workers’ Compensation Claimant Denied Choice of Physical Therapist to Conduct Functional Capacity Evaluation (“FCE”)

An injury on the job is never easy to deal with, especially when it results in a permanent disability affecting your ability to perform your regular job functions. A functional capacity evaluation (FCE) may be conducted at the employer’s expense to identify the parameters the claimant may return to work.…

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What is the Deadline to File a Workers’ Compensation Claim in Louisiana?

Physically demanding jobs can result in workplace injuries that prevent employees from working and earning a wage. However, it is essential when filing a worker’s compensation claim not only to prove your claim but to do so within the timelines required by the courts. A workplace accident claim filed in…

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Can I get Workers’ Compensation Benefits if I Don’t Immediately Report My Injury?

Many jobs require physical labor, which comes with some risks of injury on the clock, especially for those who install and move equipment. Sometimes you get injured while working, and you think, “maybe I can just work through this.” However, if you attempt to work through an injury and don’t…

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Terrebonne Auto Mechanic Injured Twice on the Job, Hospital that provided Medical Services Barred from Full Recovery

Injuring yourself while on the job is not fun for anyone, especially when your accident further exacerbates a previous workplace injury. What happens if you then try to seek retroactive benefits from your previous injury? You may run into an issue of prescription (otherwise known as the statute of limitations).…

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What is a “dilatory exception of prematurity,” and how does it change the course of a case or controversy?

A dilatory exception for prematurity is defined in the Louisiana Code of Civil Procedure Article 926(A). There are many reasons why a lawsuit may be premature, or in other words, ripe for a dilatory exception of prematurity. A case may be premature when it is too early in a dispute…

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Can a Worker’s Compensation Claimant Receive Spinal Cord Stimulator Treatment in Louisiana?

Injuries sustained on the job present challenges for the employee and employer, especially when multiple sites of injury are involved. In addition, injuries all over the body can require different medical treatments for each affected area. Specialized treatments such as a spinal cord stimulator can be recommended to alleviate pain…

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The Collateral Source Rule, What is it and How Does it Apply to Workers Compensation

The Collateral Source Rule in Louisiana law prevents a tortfeasor (a person who harmed another) from benefiting from the victim’s receipt of funds from an independent source.  So what does that mean? Let’s say you were injured in a car wreck. As a result of your injuries, you have back…

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Workers’ Compensation Claim Denied For Failure To Seek Preapproval

It can be a long road to recovery from a work-related injury. If you or a loved one suffered an injury on the job, it is crucial to understand the workers’ compensation system to comply with all the requirements to receive any compensation to which you are entitled.  Carl Gabriel…

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Injured Worker Failed to Establish Disability Resulted From Work-Related Injury

What happens if you are hurt on the job? Not only do you have to deal with the physical effects of your injury, but you also have to navigate when it is safe to return to work. The workers’ compensation system is designed to aid injured workers. It can provide…

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Can I sue my Employer if I was robbed while at Work in Louisiana?

It’s reasonable to want to feel safe at work, no matter your job. Employers must keep their employees free from unnecessary danger and generally provide a safe working environment. Even given this duty, the law doesn’t always hold them responsible for the actions of criminals. A recent lawsuit out of…

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