Author Archives: Jay Butchko
Diagnosing And Treating Work-Related Head Injuries
The number of job-related Traumatic Brain injuries, and the number of days lost to such injuries, have increased significantly in recent years. Falls and motor vehicle crashes are the most common causes of work-related head injuries. Assaults which occur on company property are up there as well. As outlined below, these injuries have complex… Read More »
Bypassing Workers’ Compensation In Louisiana
Normally, workers’ compensation is the exclusive remedy for job-related injuries in the Bayou State. That’s good news and bad news for victims. The good news is that workers’ compensation is no-fault insurance. Even if the victim was partially, or entirely, to blame for the accident, full benefits are available. However, this compensation is usually… Read More »
How Does A Pre-Existing Condition Affect A Mississippi Workers’ Compensation Claim?
Legally, pre-existing conditions do not affect these claims at all, at least in most cases. The eggshell skull rule states insurance companies cannot use a victim’s physical or other vulnerabilities as an excuse to reduce or deny compensation. The few exceptions are outlined below. However, a pre-existing condition often affects diagnosis and treatment of… Read More »
The Magnificent Seven OSHA Citations
According to the Occupational Safety and Health Administration, the number of fatal workplace accidents increased significantly in 2019. OSHA is one of the smallest federal agencies. So, when inspectors issue citations, they usually focus on one of the areas mentioned below. Citations are usually irrelevant for liability purposes. Workers’ compensation insurance provides no-fault benefits…. Read More »
Benefits Available To Injured Gardeners And Landscapers
Originally, workers’ compensation in Louisiana was an effective Grand Bargain between workers and management. Injured workers surrendered their rights to due in court if management provided a no-fault insurance benefits system. These benefits are especially important for people in high-risk professions, like gardeners and landscapers. Many people do not believe these jobs are dangerous…. Read More »
Workers’ Compensation Issues For Mississippi Emergency Responders
In the Magnolia State, firefighters, police officers, and other emergency responders have significantly higher job injury rates than other workers. Many of these injuries are muscle sprains, muscle strains, and other such injuries which are relatively minor. Other workplace injuries are fatal. Some of these victims die immediately. Others linger for months or even… Read More »
The Fatal Four Construction Site Injuries in Louisiana
The Occupational Safety and Health Administration has about one safety inspector for every 70,000 workers in Louisiana. So, it’s virtually impossible to effectively police all worksites, especially busy construction sites, and accidents are common. OSHA believes that eliminating the so-called fatal four could reduce construction industry fatalities by almost half. Trauma injuries like the… Read More »
Is Workers’ Compensation the Exclusive Remedy in Mississippi Job Injury Claims?
“Exclusive remedy” is Legalese for the only source of compensation. If workers’ compensation covers the injury, most victims do not have the right to sue in court and obtain damages. Workers’ compensation usually covers economic losses. If victims can prove negligence, or a lack of care, in court, they are usually eligible for both… Read More »
How Does a Pre-Existing Condition Affect a Louisiana Workers’ Compensation Claim?
Most job injuries have more than one cause. For example, a worker with a bad knee is more likely to seriously injure that knee. The eggshell skull rule usually applies in these situations. Employers cannot use a victim’s vulnerabilities to reduce or deny compensation. Instead, defendants essentially take victims as they find them. Nevertheless,… Read More »
Mississippi Landscaping and Gardening Injuries and Illnesses: A Closer Look
Most people do not consider gardening, landscaping, and other such work to be a high-risk occupation. In fact, many people do things like mow their own lawns and hardly give any thought to safety. Yet the illness and injury rates these workers endure are similar to the illness and injury rates in mining, agricultural,… Read More »