While many things in your life can cause you stress and impact your mental health, it is also possible for your job to cause you mental distress. And if this is the case, you have a right to file for workers’ compensation benefits. 

However, proving that you are struggling from work-related stress or that your mental health is suffering because of your job is more difficult than proving a physical injury. In order to be compensated for mental or emotional distress caused by your job, you will have to work harder to show proof that your work conditions or a specific incident are the direct cause of your distress. You will also need to prove that those conditions or the incident are beyond what you are typically expected to endure in your line of work. 

In this situation, it is wise to consult with an experienced Mississippi workers’ compensation attorney. Applying for workers’ compensation under normal circumstances can be a challenge, so if you are applying due to mental health and stress concerns, you will need someone experienced in workers’ comp law to help you prove your case. 

How Stress, Anxiety, and Poor Mental Health Can Impact Your Performance and Safety 

Poor mental health and stress can have a negative impact on your entire life, but studies have shown that workplace stress can be even more of a threat. 83% of workers suffer from work-related stress and companies lose up to $300 billion a year as a result of workers who are impacted by workplace stress and anxiety. 

This is because not only can stress affect a worker’s performance on the job, but it can put them at a higher risk of having an accident that causes an injury. Workers impacted by high amounts of workplace stress also tend to take more days off work for their mental health. 

Overall, workplace stress can lead to:

• Distraction on the job. Being distracted while working can result in severe accidents and injuries—especially for those who work in dangerous fields, such as construction. 
• Taking shortcuts. When a worker is stressed, they are likely to look for the easiest way to get their work done, which can put them at risk and can impact their productivity and performance levels. 
• Substance abuse. High levels of stress tend to cause people to lean on drugs and alcohol to make them feel better. Unfortunately, substance abuse is not only bad for your health, but it can also put you at further risk of causing an accident at work or poor work performance. 
• Violence. When a person is under significant amounts of stress, they are also more likely to lash out at people and act violently. At work, this can put other people at risk and can result in termination of employment. 

Workplace stress can also impact your physical health in addition to your mental health. People who suffer from stress long-term because of their job are more likely to develop cardiovascular disease, impaired immune systems, and musculoskeletal disorders. Long-term stress can also severely impact your mental health and wellbeing and can lead to serious psychological disorders. 

Signs That Your Job Is Impacting Your Mental Health and Causing You Stress 

It’s important to recognize red flags at work that could be affecting your mental health as well as signs and symptoms of emotional distress.  

Common causes of workplace stress include:

• Unfair and unethical treatment 
• Being threatened or harassed
• Physical assault 
• Sexual assault and harassment
• Being forced to take on an unmanageable workload
• Poor communication and lack of clarity
• Unreasonable time constraints and deadlines

Common signs you are suffering from workplace stress include:

• Difficulty getting out of bed in the morning to get ready for work.
• Heightened levels of stress and anxiety when thinking about going to work
• Being scared to go to work
• Fatigue
• Low morale 
• Irritability and emotional outbursts
• Changes in appetite
• Frequent headaches
• Being argumentative in the workplace
• Difficulty concentrating
• Poor workplace performance
• Drug and alcohol use

Applying for Workers’ Compensation Due to Workplace Anxiety and Emotional Distress

Proving your job is causing undue amounts of stress and severely impacting your mental health is not easy, but it’s not impossible either. The key is to work with an attorney and gather as much proof and evidence as possible. 

To start, you should report the conditions or incident(s) to your human resource department immediately. Next, you should consult with an attorney. They can offer you guidance and help you understand whether you will be eligible to file a workers’ compensation claim or not. 

Some jobs are inherently stressful, and you might not be eligible for compensation if the stress you are suffering from is considered typical for your line of work. However, if the stress and your mental health are being affected by unethical and negligent circumstances, then you should be eligible to file a claim. 

If you are eligible, then you will need to officially report what happened and inform your employer that you need to file a workers’ compensation claim. Once your claim is filed, you will then have to prove to the workers’ compensation insurance company that your stress and mental health were impacted by workplace conditions or a specific incident. 

Insurers will try to argue that your stress is caused by something outside of work or that your stress is typical for people in your career. This is why it’s important to work with an attorney and to have evidence that your stress is work-related, such as the initial reports you filed with HR.

It can also be beneficial to keep a journal of your symptoms and when they started at work or what triggers them at work. Seeking help from a therapist can also further prove that your mental health has been so severely impacted that you needed to seek therapy. 

You will also need to show that what caused your stress at work is not typical or usual. Working in healthcare, for example, can be an inherently stressful job, and you would not be able to successfully file a claim without proving that something out of the ordinary for that line of work is what caused the stress.  

Connect with an Experienced Mississippi Workers’ Compensation Attorney

If you are suffering from mental distress and anxiety at work, our team of workers’ compensation attorneys can help. We have years of experience handling all kinds of workers’ comp cases, and we know what it takes to help our clients prove they are suffering and deserve to be compensated for their work-related distress. 

For a free consultation with one of our experienced workers’ compensation lawyers in Mississippi, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available. 

Louisiana does have laws implemented to keep these workers safe. However, many motorists on the road ignore these laws and temporary signs, flying through construction zones and putting themselves and road construction workers at serious risk and causing an increasing number of highway worker fatalities.

When motorists engage in this type of reckless behavior or even simply fail to pay adequate attention, they may strike one of these construction workers. These injuries are extremely serious and often fatal because workers have no protection against a vehicle moving toward them at high speeds.

In this blog, we discuss some of the dangers Louisiana highway workers face and how they may pursue compensation after the accident. 

Dangers Louisiana Highway Workers Face

Of course, the combination of heavy manual labor and hot temperatures magnified off of the asphalt can put these workers at serious risk of heatstroke. It’s extremely important to remain hydrated and to take an adequate amount of rest breaks to keep from overheating in these conditions.

This type of work also poses the risk of inhaling dangerous chemicals into the lungs and leading to further harm. Louisiana highway workers must remain vigilant with safety precautions and equipment as it will keep them from damaging their bodies internally.

The heavy machinery used in this line of work can always malfunction and crush the operator and cause serious bodily injury or death. Exercising extreme caution when operating this machinery is vital. 

The most obvious and glaring danger Louisiana highway workers face, however, is a vehicle striking them. While there are likely road signs posted warning all drivers that there are workers present on the road, reduced speed signage, and signage from public safety officials warning drivers of increased penalties for ignoring these signs, this is not always enough to keep drivers from driving recklessly and causing highway worker fatalities.

There is likely a concrete partition between highway workers and active drivers passing through, these concrete partitions only provide so much safety. A driver who has ignored all of the warning signs and is driving too fast through a construction area will still put these workers at serious risk of injury or death. Not only that, but highway workers also have to worry about these drivers being drowsy or distracted which is a whole other issue to account for. 

Workers’ Compensation for Injured Louisiana Highway Workers

Qualifying for Louisiana workers’ compensation benefits will depend on following the regulations put in place by the state for reporting your injury and filing your claim. As a general rule, you should tell your employer about your injury as soon as possible and seek immediate medical attention, even if your injuries do not seem serious to you at first. 

It is not uncommon for your employer’s insurance company to fight your claim and look for any excuse they can find to deny your claim and keep you from receiving the benefits you deserve. That’s why it’s so important to speak with an experienced workers’ compensation lawyer as soon as you can. 

Contact a Louisiana Workers’ Compensation Lawyer Today!

Workplace injuries can happen at any time and can put a heavy burden on you during a time when you need rest and recovery. You shouldn’t have to worry about your finances while you recover from a workplace injury, so let us help you. We have the experience needed to fight these insurance companies in court, and we want you to receive the compensation you deserve.

For expert workers’ compensation support in Louisiana, contact Lunsford, Baskin, and Priebe, PLLC. Our attorneys specialize in workers’ compensation, and we have years of experience helping Louisianans receive the workers’ compensation they deserved. Call our office at 601-488-3975, or schedule a free case evaluation by clicking here.

In fact, studies from the Bureau of Labor Statistics show that there are more than 53,000 work-related foot injuries in America every year. The BLS also states that musculoskeletal injuries are the most common of any type of injury in the workplace.

In this blog, we discuss some of the most common foot and ankle injuries individuals sustain at work, and how you can seek workers’ compensation for them.

The Most Common Causes of Work-Related Foot and Ankle Injuries

A lot of things can go wrong while on the job and lead to injury, so it’s important for employers and employees alike to be aware of what they’re up against. Some of the most common causes of work-related foot and ankle injuries include:

• Being struck by an object
• Being caught in between or compressed by an object
• Repetitive motions
• Tripping over an object
• Falling from a height
• Pushing or pulling heavy objects
• Landing from a jump and twisting your ankle
• Poorly maintained walkways and working areas
• Lack of safety equipment
• Negligence

Why Are Work-Related Foot and Ankle Injuries So Common?

One of the main reasons these injuries are so common is that many people do not take an adequate amount of time to stretch their muscles and warm up before they begin working. This often leads to muscle strains and spasms. 

It is also common for workers to skip appropriate training protocols before performing work tasks they are unfamiliar with which can lead to severe injuries in certain circumstances. There is a responsibility for employers and workers alike to receive proper training before performing new or unfamiliar tasks. 

Many jobs require workers to be on their feet for extended periods of time — sometimes all-day — which can lead to fatigue and make employees more susceptible to foot and ankle injuries. In addition to this, many jobs do not have necessary safety measures in place to keep workers from getting injured while at work. 

Filing a Claim for a Work-Related Foot or Ankle Injury

Like with most work-related injuries, the first step is to report the injury to your employer. After you do this, your employer will send out an incident report to their workers’ compensation insurance carrier. You will then need to seek medical counsel and receive a diagnosis for your injuries. This is an important step as your doctor will provide undeniable proof of your injury via your medical records. 

Once you’ve received treatment for your injuries, you must then submit a claim to the insurance company or the Social Security Administration. This can be done either in person or online.

Contact a Louisiana Workers’ Compensation Attorney Today

Workplace injuries can happen at any time and can put a heavy burden on you during a time when you need rest and recovery. You shouldn’t have to worry about your finances while you recover from a workplace injury, so let us help you. We have the experience needed to fight these insurance companies in court, and we want you to receive the compensation you deserve.

For expert workers’ compensation support in Louisiana, contact Lunsford, Baskin, and Priebe, PLLC. Our attorneys specialize in workers’ compensation, and we have years of experience helping Louisianans receive the workers’ compensation they deserved. Call our office at 504-788-2994, or schedule a free case evaluation by clicking here.

Louisiana indemnity benefits, also known as wage loss benefits, are provided to injured workers through their employer’s workers’ compensation insurance and can help cover the loss of income while the worker is recovering from their injury or illness. However, these benefits are only provided if the worker suffers from a work-related injury or illness. Furthermore, the benefits do not cover total lost wages but rather a portion based on the workers’ average income. 

Understanding how indemnity benefits work precisely and how to apply for them can be confusing. This is why it’s a good idea to work with an experienced Louisiana workers’ compensation attorney. It’s not uncommon for mistakes to be made when filing for indemnity benefits, resulting in a denied claim or reduced benefits. With an attorney assisting you, however, you can successfully file your claim and receive the full amount of benefits you deserve.  

What Indemnity Benefits Are Available in Louisiana?

When you file for workers’ compensation in Louisiana, you can receive two types of benefits, medical benefits, and indemnity benefits. The medical benefits are a bit simpler to understand, as they essentially cover any medical expenses related to workplace injury or illness. The indemnity benefits, however, can be a bit more complicated.

Indemnity benefits can vary greatly depending on the injured worker’s individual situation. The wage loss benefits a worker receives will depend on the extent of their injury, how long they are out of work, and the average weekly wage they were making before the workplace accident. 

To account for the various injuries a worker can sustain and the disability they suffer from as a result, Louisiana provides four different types of indemnity benefits:

• Temporary Total Disability Benefits (TTD): If you are unable to perform your typical work duties in any capacity but are expected to fully recover, you will be eligible to receive temporary total disability benefits. TTD benefits provide injured workers with ⅔ of their average weekly wages until their doctor approves their return to work.
• Permanent Total Disability Benefits (PTD): If your injury is so extensive that you are unable to work and will be permanently disabled for the rest of your life, you will be eligible to receive permanent total disability benefits. PTD benefits provide workers with ⅔ of their average weekly wages either as a lump sum or every week indefinitely. 
• Supplemental Earnings Benefits (SEB): If your injury allows you to perform some but not all of your work duties, you may be eligible to receive supplemental earning benefits. If you can work to earn at least 90% of what you were previously making, you can receive SEB benefits for up to 10 years. SEB benefits provide you with ⅔ of the difference between what you were earning before the accident and what you can earn once you return to work. 
• Permanent Partial Disability Benefits (PPD): If you suffer the loss of a limb or cannot use a certain part of your body but are still able to work in some capacity, you will be eligible to receive permanent partial disability benefits. PPD benefits provide workers with ⅔ of their average weekly wages contingent on the percentage of their determined disability. 

How Much Money Do Louisiana Indemnity Benefits Provide? 

Beyond the type of injury or disability determining the benefits a worker can receive, how much they get will also depend on the average income or wages they were receiving before the workplace accident that caused them to become ill or injured. 

In Louisiana, you will receive weekly indemnity benefits that are calculated by taking ⅔ of your average weekly wages from the four weeks prior to the accident and injury occurring. Many states, however, often have a cap on how much a worker can receive. The limit in Louisiana is based on the average weekly wage for the state, which changes every year. Workers can receive up to that average amount for up to 520 weeks, depending on which type of disability benefit they are eligible for. 

How Long Can I Receive Indemnity Benefits?

While 520 weeks is the average limit, not all workers will be eligible to receive indemnity benefits for that long. Again, each situation is unique and will be thoroughly evaluated by the workers’ compensation insurance company to determine how much a worker needs and for how long. 

One major factor in determining how long a worker will receive benefits is their recovery timeframe. In general, a worker is eligible to receive benefits until their doctor has given them the okay to return to work. However, this only applies if the worker was only temporarily disabled from their injury. 

Workers who are more permanently disabled may take years to recover or might never fully recover at all. In these cases, the injured worker could receive benefits for up to 10 years or indefinitely if they are eligible for PPD benefits. 

Common Indemnity Benefit Mistakes to Avoid

When filing for indemnity benefits, it is important to do so correctly the first time to avoid a denial or a delay of benefits. Generally, you want to report the incident to your employer as soon as possible, make sure the claim gets filed right away, and ensure that your wages are properly calculated. 

Failing to report the incident in a timely manner is one of the biggest mistakes you can make. There are statutes of limitations in most states that require claims to be filed in a certain amount of time in order for the worker to be eligible to recover benefits. In Louisiana, the time limit is 30 days. 

Improper wage calculations are also another mistake that can negatively affect your workers’ compensation claim. To ensure you get the full amount you deserve, you will need to make sure that your income is being correctly reported. 

In most cases, working with a workers’ compensation attorney from the start can ensure no mistakes are made. The sooner you get help and file your claim successfully, the sooner you can start receiving your benefits. 

An Experienced Louisiana Workers’ Compensation Attorney Can Help

Filing for indemnity benefits can be challenging, but it is not impossible. While there are common mistakes that can easily be made, working with an attorney can ensure these mistakes are avoided. 

Our team of experienced workers’ compensation attorneys is dedicated to helping our clients file their claims. With our help, you can rest assured you are in good hands and will get the full amount of benefits you deserve as quickly as possible. 

For help with a Louisiana workers’ compensation claim, contact the workers’ compensation lawyers at Lunsford, Baskin, & Priebe, PLLC for a free consultation- 504-788-2994.

If you have questions about chemical exposure in the workplace or need help filing a claim, our Louisiana workers’ compensation lawyers can help. We specialize in workers’ compensation law and know what it takes to help injured, and ill workers get the full amount of benefits they deserve. 

What Is Chemical Exposure?

Typically, humans come into contact with chemicals every day, both directly and indirectly. There are chemicals in just about everything. However, chemical exposure specifically refers to a person coming into contact with such a high amount that it causes them to become ill or sustain an injury. This can happen from a single exposure to an extremely toxic and hazardous chemical, or it can result from prolonged exposure over a period of time. 

How Does Chemical Exposure Occur?

As chemicals are all around us in so many different things that we come into contact with, exposure can happen just about anywhere, including school, home, work, or in a commercial or public space. 

The workplace, however, is generally where exposure to some of the worst chemicals and hazardous materials occurs. The top industries for chemical exposure include:

• Manufacturing plants
• Industrial plants
• Agriculture
• Oil and gas extraction
• Petrochemical plants
• Waste sites
• Refineries
• Pest extermination
• Construction sites
• Maritime and shipyards
• Chemical labs

Those who work in these fields and industries can become sick or injured from chemical exposure through skin or eye absorption, inhalation, ingestions, and accidental injection. 

Most Dangerous Hazardous Materials and Chemicals

Depending on the industry, there are numerous chemicals and toxic materials that can result in chemical exposure injuries and illnesses. Some of the worst chemicals and hazardous materials include:

• Polycyclic aromatic hydrocarbons (PAHs) – gasoline, petrol, crude oil
• Fiberglass and styrene – resins, gelcoats, reinforced plastics
• Asbestos – insulation
• Radon – rock and soil
• Hydrochloric acid-neutralizing agent in food, textile, metal, and rubber industries
• Cadmium – batteries
• Benzene – degreasers
• Carbon monoxide – engine exhaust
• Nitrates – fertilizers
• Methylene Chloride – auto part cleaners, paint removers
• Arsenic – pressure treated wood
• Cyanide – rat poison
• Nickel – cement
• Chromium – paints, industrial production

What Are the Signs and Symptoms of Chemical Exposure?

Exposure to chemicals and toxic materials can result in a variety of symptoms and illnesses depending on the exact substance, how contact was made, and the duration of exposure. Generally, the longer someone is exposed to a chemical, the more severe and long-term their illness will be. However, immediate and single exposures can also cause severe and life-threatening injuries and illnesses. 

Some of the common signs and symptoms of chemical exposure in the workplace include:

• Dizziness
• Headaches
• Weakness
• Chest pain
• Chronic cough
• Loss of consciousness
• Eye pain
• Muscle fatigue and twitching
• Vomiting
• Convulsions and seizures
• Pulmonary edema
• Respiratory failure
• Wheezing and shortness of breath
• Redness and blistering skin
• Detachment of upper skin layers
• Slow wound healing
• Immune deficiency
• Asphyxiation
• Arrhythmias
• Stinging and burning in eyes or skin

Is Chemical Exposure Covered By Workers’ Compensation?

Chemical exposure is covered by workers’ compensation. However, there are cases where chemical exposure can be difficult to prove. Some symptoms of chemical exposure are not immediately apparent and only become so after long-term exposure. The problem is that workers’ comp claims are most successful when filed as soon as the injury or illness occurs. 

So, if an illness or symptom does not appear until a year or two after exposure, it can sometimes be difficult to prove that the illness or symptoms are the result of workplace chemical exposure and not from something else. This is why it is crucial to work with an attorney. 

Workers’ compensation attorneys know the challenges of providing sufficient medical evidence to prove that an injury or illness is work-related. They can guide you through your case and ensure the insurance company approves your claim for the full amount of benefits you deserve. 

Connect With an Experienced Louisiana Workers’ Compensation Attorney

Though proving chemical exposure is not always easy, it is not impossible. Our team has experience handling a number of cases involving chemical exposure. We are dedicated to helping our clients get the benefits they deserve. 

For a free consultation with an experienced workers’ compensation lawyer in Louisiana, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available. 

What many don’t know is that HIPAA does play a role in workers’ compensation situations. When you file a workers’ comp claim, you are doing so because you were injured, and the information about your injuries and your medical care needs to be shared with certain parties involved in the case to ensure you get the benefits you deserve. 

Understanding how it all works in regards to the worker’s privacy can be confusing for some. If you are ever in doubt about your rights and how the law works when filing a workers’ compensation claim, you should work with a local Louisiana workers’ compensation attorney. An attorney can guide you through the process and help you file your claim, ensuring that your rights are protected and you receive the full amount of benefits you deserve. 

What is HIPAA?

HIPAA or the Health Insurance Portability Accountability Act was passed into law in the United States in 1996. The initial intent or goal was to ensure the private medical information and records of patients were only shared with certain parties on a “need to know” basis, thus protecting patient privacy. 

Of course, medical records and patient privacy were still a concern for decades before the passing of HIPAA. But when computers were invented and information could easily be stored and shared digitally, there were increased concerns about safety. For this reason, HIPAA was passed as a way to specifically find a way for medical information to be transferred digitally from one health provider to the next without compromising a patient’s safety and data. 

There have been updates to the HIPAA Security Rules since then to keep up with technology and the various ways we now store and share data digitally, but the overall intent has always been to protect a patient’s privacy. 

How is HIPAA Connected to Workers’ Compensation? 

When you file a workers’ compensation claim with the intent to recover benefits for a work-related injury, information about your injury must be shared with certain parties involved, such as your employer, workers’ compensation insurers, and any other third-party workers’ compensation administrators and organizations. 

Your medical records concerning your work-related injury need to be shared with these parties so they can evaluate your situation and determine an appropriate amount for medical benefits. If this information is not shared, then you will likely have your claim denied or you will not receive the full amount of benefits you need to cover your medical expenses. 

It is also essential for your medical records to be easily shared in a timely manner with certain parties because there are deadlines that must be met when you file a workers’ compensation claim. So where HIPAA and your workers’ comp claim is concerned, you want your private medical information to be easily shareable with these parties. 

Workers’ Compensation Exceptions Regarding HIPAA

Normally, the HIPAA Privacy Rule would restrict your doctor or medical provider from sharing your medical information with the parties involved in a workers’ compensation claim. But this is why an exception has been made under these circumstances. 

This means the HIPAA Privacy Rule does not apply to parties such as workers’ compensation insurers, workers’ comp admin agencies, or employers because it recognizes the legitimate legal need of insurers and other parties involved to have access to the injured worker’s medical records as authorized by State or other law. 

However, some restrictions still apply. For example, only the parties that are considered “covered entities” according to the Privacy Rule may access your medical information. And even when they do access it, they must follow strict guidelines for storing and transmitting that information. 

Furthermore, these entities are not allowed to have access to your entire medical history—only the records and information that pertain directly to your work-related injury. This is because some parties, such as workers’ comp insurers, could try to use your past medical history against you to deny your claim or reduce your benefits.

However, if you permit these parties to access past medical history, then they can freely do so. So it’s important to be mindful of what you agree to when speaking to your employer or any other workers’ compensation party that is involved in your case. Generally, it’s always best to work with an attorney in these situations because they can offer you guidance on what to say and what not to say to ensure your rights are protected and to keep insurers from taking advantage of you.  

An Experienced Louisiana Workers’ Compensation Attorney Can Help

If you are injured as a worker, though HIPAA does not apply to certain workers’ compensation entities, you still have rights to protect yourself and your private information. Our dedicated team of workers’ compensation attorneys has years of experience handling these kinds of cases and can help you navigate the claims process to ensure you are protected and get the full amount of benefits you deserve.  For help with a Louisiana workers’ compensation claim, contact the workers’ compensation lawyers at Lunsford, Baskin & Priebe, PLLC at 504-788-2994 for a free consultation.

Unfortunately, despite property owners being required to maintain safe premises, accidents still happen. Luckily, if you are a visitor and are injured due to the property owner’s negligence, you have a right to file a claim to recover damages. Premises settlements in these kinds of cases can help you cover medical expenses from injuries sustained in the accident as well as other damages such as loss of wages, emotional distress, and physical pain and suffering. 

Keep in mind, however, that the total settlement amount will depend on the premises liability coverage the property owner has through their insurance policy. Premises liability insurance can help cover your damages as the injured party, but insurance companies will often look for ways to reduce settlement amounts in these cases. 

As such, it is crucial for injured victims to work with a premises liability lawyer to ensure they get the full amount they deserve. At Lunsford, Baskin, & Priebe, PLLC, our Mississippi Premises Liability Lawyers have years of experience fighting for the rights of our clients in these types of cases. We are committed to providing superior legal services and delivering quality results. 

What is Premises Liability?

Premises liability refers to the duty a property owner has to maintain reasonably safe and healthy premises. Thus, premises liability law requires property owners to uphold this duty by ensuring that their property is free of any known hazards or potential hazards that could cause a person to become injured.

However, a property owner cannot always be held responsible for every single accident that occurs on their property. Whether or not a property owner can be held liable will depend on the visitor’s purpose, how the accident happened, and if it is a matter of negligence. 

Mississippi Premises Liability, Duty of Care, and Negligence

Mississippi premises liability law requires property owners to maintain reasonably safe premises by upholding their duty of care. This means that they must keep up with repairs and maintenance, regularly inspect the property for potential hazards, and warn guests of any known or potential hazards. The term “reasonably,” however, is important. 

Property owners are not expected to be perfect and keep watch of their entire property 24/7. For example, if it starts snowing overnight, creating a slippery surface, property owners are not expected to wake up in the middle of the night to deal with this hazard. Instead, they are expected to take care of it in a reasonable amount of time. 

Furthermore, visitors take on what is known as “assumption of risk” when they visit someone else’s property. This means that you should logically understand that accidents can happen, and you are putting yourself at some degree of risk by entering another person’s property. And, if you purposely put yourself at unnecessary risk and use poor judgment, you could be to blame instead of the property owner, or you could share in the liability. 

Mississippi is a comparative negligence state, so you can potentially be found partially negligent in a premises liability case. This means that you are still eligible to file a claim, but the settlement you receive will be reduced based on your percentage of fault. So if you purposely or unnecessarily put yourself in harm’s way on someone else’s property—even if the owner also partially breached their duty of care—and you are found to be 40% at fault, your compensation will be reduced by that amount.  

Understanding the Difference Between a Trespasser, a Licensee, and an Invitee

A person’s purpose for visiting a property can also play a role in their premises liability case. For example, if you were invited or given a license to be on someone else’s property, you have more protections, but if you were trespassing, you would have a much harder time proving your case. 

• Invitee: This is a person who enters a property with expressed or implied invitation or permission. This can include being a customer at a retail establishment or place of business, a guest at a hotel or someone’s home, or someone visiting an office building for a meeting or an interview. 

• Licensee: This is someone who enters onto a property for their own benefit pursuant to their license or implied permission of the owner. For example, this could be someone who visits door-to-door as a salesperson, entering someone’s property in an attempt to make a sale. 

• Trespasser: Someone who is trespassing is thus entering onto a property without invitation, license, or another right. They enter for their own purpose without express or implied invitation and therefore are in the wrong and assume full risk. However, even a trespasser can file a claim if the property owner’s behavior was willful or wanton. 

How to Prove a Premises Liability Case

To prove your premises liability case and hold the property owner liable, you must essentially prove that they breached their duty of care. To do so, you will need to gather sufficient evidence to show that it was the property owner’s negligence, not yours, that led to the accident and your injuries. 

To specifically prove a breach of duty, you must:

1. Prove that there was a duty owed to you;
2. That the property owner breached this duty by failing to maintain reasonably safe premises free of hazards;
3. That this breach of duty was the direct cause of the accident; 
4. That your injuries and other damages were results of this accident

Again, this will also depend on your purpose for visiting the premises and whether or not you share in the blame. This is why it is crucial to work with a premises liability lawyer who can help you and ensure the process goes as smoothly as possible. 

Connect with an Experienced Mississippi Premises Liability Attorney

If you need help filing a Mississippi premises liability claim and proving fault, the team at Lunsford, Baskin, & Priebe, PLLC, can assist you. We know what it takes to gather enough evidence and fight against insurance companies to ensure our clients get the full settlement they deserve. 

For a free consultation, contact one of our experienced Mississippi premises liability attorneys today. After-hours visits are available. 

One of the most common questions we hear as personal injury attorneys is, “How long is it going to take to settle my case?” Unfortunately, this is not a simple question to answer. Every personal injury case is unique and different, and various factors can affect your case and how long it will take to reach a settlement agreement.

While some things can be done to speed up the time it takes to get through your case, which we will review below, it is generally ill-advised to rush towards a settlement. This is because some injuries after an accident are not immediately apparent, or in some cases, the initial symptoms of the injury could worsen with time. If you rush through your case, you may not get the full amount of compensation you need should complications later arise.

It is generally best to take your time until you fully understand how your injuries have or will affect your life moving forward to ensure you get the full compensation amount that you deserve. If you have questions about a case, get in touch with one of our Mississippi personal injury attorneys at Lunsford, Baskin, & Priebe, PLLC, today. We can review your case and offer you guidance on how best to proceed.

Factors That Play a Role in the Time Frame of Your Personal Injury Case

Again, each and every personal injury case is unique as no two accidents happen the exact same way. The people involved are different with varying health and physical conditions and needs as well. There is, however, a general list of things that most commonly affect how long a case will take until an agreement is reached. These include:

• The extent of your injuries: If the injuries you suffered in the accident were minor, your case would likely wrap up much quicker as it won’t take as long for you to receive treatments and recover. However, if the injuries are severe, recovery time is extended, which means it will take longer to determine how the injury has affected your life and how much money you will need to cover your expenses and your pain and suffering.
• Liability: Who is at fault and how quickly the parties involved agreed on this will also play a part in how long it takes to reach a settlement. If it is obvious who is at fault and there are no disputes, the matter can be settled much more quickly. However, if the parties involved argue and disagree over who is to blame, it can take more time to sort through all of the evidence to determine who is rightfully entitled to compensation and who is liable for causing the accident.
• Medical treatments and records: In addition to the extent of your injuries, the general time frame it takes to receive medical documents, such as bills, records, and doctor statements, can also affect the time frame of your case. Some facilities are on top of their records department and get these things to you in a timely manner, whereas others are not so quick and efficient. If it takes a long time to get the medical proof needed, it can delay your case.
• The insurance company: In some cases, insurance companies will purposely use stalling tactics to mess with the case in the hopes of getting out of paying large settlement amounts. They may ignore calls or avoid calling you themselves, and they may even refuse to pay on time. If the insurer is being difficult in any way, it will likely take longer until a settlement is reached.

How to Make Your Personal Injury Case Go as Quickly and Smoothly as Possible

In most cases, there are steps that every injured victim should take after an accident that can benefit their case and how it plays out. The more thorough you are and the more closely you stick to these steps and your attorney’s suggestions, the faster and smoother your case will be. To ensure your case is handled as efficiently as possible, make sure you:

1. Seek immediate medical attention: The sooner you get checked out by a doctor and have your injuries treated, the sooner you will have sufficient medical proof to support your claim and receive a settlement amount. Delaying treatment will not only delay your case, but it can be dangerous for your health as not all injuries are immediately apparent. But if you wait too long to get treatment, it could result in complications and negatively affect your health and your claim.
2. Gather evidence and document your experiences: The more evidence you can provide to show what happened, the smoother and faster your case will be. Without sufficient evidence, it can take longer to prove fault and determine how much money is owed for damages. So if possible, take photos at the scene, gather witness statements, and write down everything you can remember to help prove what happened.
3. Report the accident and file a claim in a timely manner: All states have a statute of limitations that must be met to be eligible to collect compensation. In Mississippi, you have three years from the date of the accident to file a claim. However, the longer you wait, the more difficult it will be to successfully file and win the compensation you deserve.
4. Hire a personal injury attorney: Injured victims can handle cases on their own, but this is not advised. Navigating legal situations is complicated, and if you make any mistakes and don’t know how to properly advocate for yourself, it can draw out your case and result in a reduced settlement amount. It’s always best to work with a local attorney who understands the law and how best to fight against the guilty party and the insurance company to ensure you are fully awarded the amount you deserve and to make the process go as smoothly as possible.

Connect with an Experienced Mississippi Personal Injury Attorney

While we understand how stressful these situations can be and that you may want to simply get it done and over with, rushing through a personal injury case can have negative results. We are not suggesting you drag the process out, but it is smart to take your time and work with an attorney to ensure nothing is missed. If you want to get the money you need to cover all of your expenses, losses, and damages, it’s wise to go at a steady pace and not rush through to an early settlement.

If you or a loved one are injured in a Mississippi accident, the team at Lunsford, Baskin, and Priebe can offer you help and guidance. Our goal is to work with you and guide you through the complex legal process to ensure the guilty party is held accountable and the insurance company awards you the full compensation you need and deserve.

For a free consultation with an experienced personal injury lawyer in Mississippi, contact Lunsford, Baskin, and Priebe, PLLC. After-hours visits are available.

A large percentage of the U.S. population works desk jobs that require workers to sit for an unhealthy amount of time. In this blog, we discuss common sitting-related injuries, how to prevent these injuries, and if you can receive workers’ compensation.

Injuries Caused by Prolonged Sitting

Extended periods of sitting can result in various injuries with differing degrees of severity. One area that is especially vulnerable when sitting for extended periods is your back. Back pain and injuries are incredibly common for seated employees. In fact, an estimated 80% of people experience recurring lower back pain at some point in their lives. Sitting for prolonged periods can greatly contribute to your risk of back discomfort and injuries.

Some common injuries from sitting include:

Back and Spine Strain

Sitting puts more stress on your spinal column and back than standing, and those who slouch while sitting put even more pressure on their back and spine. Prolonged sitting can result in muscle tightness which can make you more susceptible to back and spine injuries.

Spinal Misalignment

Those who sit at work often struggle with spinal misalignment, making them highly susceptible to experiencing lower back injuries. The main cause for spinal misalignment while at work is sitting incorrectly, so make sure to sit with good posture.

Coronary Artery Disease

In addition to common back injuries, other parts of your body can feel the effects of prolonged sitting, including your heart. Our bodies are designed to stay active throughout the day, and prolonged sedentary periods, such as sitting for eight hours while at work, greatly increase our risk of developing heart problems.

The 2015 study, “Sedentary Behavior is Associated with Coronary Artery Calcification in the Dallas Heart Study,” found that adults have a much greater risk of developing heart problems when sitting for prolonged periods. Every hour of sitting increases your risk of developing coronary artery disease by 14%, meaning that a person who sits while working has a much greater risk of developing this disease than someone who stays on their feet.

Hip Injuries

Prolonged sitting can eventually lead to hip injuries. When you sit for extended periods, your glute muscles become weaker and you may develop muscle asymmetries. Weakened glute muscles force your lower back and hips to work harder, which can then result in hip and lower back injuries. Muscle asymmetries may cause your hips to become uneven, which can lead to a variety of issues including hip pain, knee pain, and trouble walking.

Preventing Sitting Injuries

Although sitting while at work can lead to numerous issues, there are steps you can take to decrease your likelihood of experiencing a sitting-related injury. Consider investing in a more ergonomic chair that also provides proper back support. If possible, you can also utilize a height-adjustable standing desk for part of your day to decrease the harmful effects of sitting.

You can also make a conscious effort to take breaks from sitting, but you need to do more than just stand — you need to get your body moving to support blood circulation. Try to take regular walking breaks throughout your day to decrease your likelihood of suffering from a muscle injury or developing coronary artery disease.

Workers’ Compensation for Sitting-Related Injuries

Workers’ compensation is insurance designed to reimburse employees for medical bills and lost wages associated with workplace injuries and illnesses. To qualify, you need to be able to draw a direct link between your injury or illness to your work or work environment. Unfortunately, it’s often challenging to prove that your work resulted in sitting-related injuries.

This is especially the case when it comes to filing a workers’ compensation claim for a heart condition. Your work may have negatively impacted your cardiovascular health, but there are usually different factors that contribute to these conditions, making it challenging to receive workers’ compensation.

One critical part of proving that your injury or illness resulted from your work is by receiving a diagnosis from your treating doctor. Your doctor may indicate that you developed your condition because your work required you to sit all day. When filing a workers’ compensation claim, make sure to keep notes of your conversations with your doctor as well as the entirety of your medical records. This will help you prove that your work caused your condition.

Contact a Louisiana Workers’ Compensation Lawyer

Some workplace injuries and illnesses are difficult to prove, especially when it comes to desk jobs. If you develop a sitting-related injury, you may need to enlist the expertise of a workers’ compensation attorney to help you prove that your condition developed because of your work.

If you suffer from a workplace injury or illness in Louisiana, contact Lunsford, Baskin, & Priebe, PLLC. We’ll help prove your claim, and we’ll work to maximize the amount you’ll receive for your injuries or condition. Call us today at 504-788-2994, or click here for a free case evaluation.

Imagine suffering an injury at work today. Would you know what to do next? Are you sure you’d handle it correctly?

It’s common for injured workers to inadvertently do things wrong, putting themselves at risk. Here are the top five mistakes to avoid after a workplace injury.

1- Failing to Report Your Injury

One of the most common errors is not telling anyone about your accident. If the injury doesn’t seem serious, you shake it off and forget about it.

This is a big mistake that could be detrimental to your health. At home later, when the adrenaline wears off and the pain kicks in, it could be clear that your injury is much more serious than you first thought.

Many injuries are hard for the average person to detect and require a doctor’s diagnosis. Consider something as simple as banging your head into a piece of equipment at work. Hours later, you develop a splitting headache and start to feel dizzy. You could have a mild traumatic brain injury known as a concussion, which requires a period of rest, darkness, and a gradual return to work activities.

If you hadn’t notified your workplace about the injury the previous day, they might question whether it happened at home or someplace other than work. This puts your workers’ compensation claim in jeopardy. Always notify your supervisor immediately after any workplace injury, even if it’s minor.

2- Not Requesting a Copy of the Accident Report

The next mistake is failing to request a copy of the accident report from your workplace. When you notify your employer about what happened, they’re supposed to make an incident report and give you a copy of it.

Unfortunately, employers sometimes try to avoid dealing with workplace accidents by failing to write reports and ignoring the employees’ concerns. They might attempt to disavow any knowledge of the accident and claim you never reported anything.

Ask for a copy of the accident report and ensure it contains correct information with the date, location, and details of your injury. If your employer is refusing to write a report or disagrees about the details, contact a workers’ compensation lawyer urgently to protect your rights.

3- Not Seeking Immediate Medical Treatment

Make your health a priority and seek immediate medical treatment after your workplace injury. Save all documentation, including your medical bills, diagnostic paperwork, and test results.

Failing to seek fast medical treatment opens the door to a debate about what happened to you and when it took place. If you wait days or weeks to see a doctor, it implies that your injury wasn’t serious and doesn’t match up with your account of what happened.

4- Providing an Incomplete Medical History

An injured person is often so focused on the current injury, they forget to provide a complete medical history. Your doctor needs to have this information so they can pinpoint your new injury to the occurrence at work.

It’s also important to establish whether you have any delayed symptoms. Make sure you mention previous instances of hurting yourself at work by slipping, lifting, or carrying objects.

Bring up any issues involving workplace illness or disease. Identify specific body parts that have been impacted, not just the part of your body that currently hurts the most. Give the doctor a full picture of your injury history so their analysis is as detailed as possible.

5- Accepting a Quick Settlement

Finally, don’t rush to accept a quick settlement for your injury. Accepting an offer brings the negotiations to an end and limits your ability to seek further compensation.

Any settlement offer you receive should receive an attorney’s careful review. If your employer or someone else is pressuring you to sign paperwork, don’t do it until you seek legal assistance.

At Lunsford, Baskin & Priebe, we can help you understand your options and advise you about your rights. Our goal is to help you focus on healing from your workplace injury while ensuring you’re gaining the maximum benefits you’re due under the law.

Connect With an Experienced Workers’ Compensation Attorney

The process of filing a claim for workers’ compensation is challenging, especially when you’re worried about making a mistake. Proving workplace injuries requires the help of an experienced workers’ compensation attorney. For a free consultation, contact Lunsford, Baskin & Priebe, PLLC. After-hours visits are available.