Louisiana Amputation Lawyer
The loss of a limb may be the most devastating injury a Louisiana worker can suffer. No prosthetic device, no matter how advanced, can begin to fully compensate for this loss. However, these medical devices at least make it easier to move on with life. Industrial workers are especially at risk for catastrophic amputation injuries. However, any worker can sustain such a serious injury at any time.
Similarly, the experienced Louisiana amputation lawyer at Lunsford, Baskin & Priebe cannot alter the chain of events that lead to a catastrophic injury. No one can do that. At this point, moving on with life is the best possible outcome. The compensation we obtain helps victims do that. This compensation gives them the financial resources they need to pay current and future medical bills. Additionally, an injury claim brings these victims some sense of closure, so they can move on not only physically, but also emotionally.
Workers’ Compensation Employer Fraud
Employee workers’ compensation fraud dominates the headlines. Large insurance companies try to push the myth that most workers’ compensation claimants are “cheaters” who are trying to game the system. Most job injury victims feel bad enough about filing these claims. They don’t need to feel worse.
Statistically, employee fraud affects around 1 percent of workers’ compensation claims in Louisiana. Employer fraud is much more common.
Many employers simply feel like they can get away with fraud. State investigators usually don’t ask too many questions when they verify workers’ compensation insurance coverage. Other employers do the math. If they get caught, which isn’t very likely, the punishment is usually a fine which, in many cases, barely exceeds the amount of money they illegally saved.
Some fraud cases indirectly affect victims. When employers do things like understate payroll size, there’s less money in the system to compensate victims. More on this indirect fraud below.
Other kinds of fraud directly affect victims. Offers to pay money under the table are a good example. Risk, including the number of claims, often affects premiums. So, to save money on their premiums, bosses offer to take care of expenses if workers don’t file claims.
If, as is usually the case, the boss reneges on this promise, the claims deadline has almost always passed, leaving the victim with no recourse.
Nonsubscriber Cases
Employer fraud also prompts many nonsubscriber claims. When employers lie to their insurance companies, the companies usually deny payment. So, these employers are effectively uninsured. Job injury victims in these situations may file claims in civil court. Because of the employer’s misconduct, the employer usually cannot use some “silver bullet” defenses. As a result, it’s easier for a Louisiana amputation lawyer to prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Additionally, workers’ compensation doesn’t protect manufacturers who make and sell defective products. If a defective product causes an injury, the manufacturer is normally strictly liable for damages. There’s no need to prove negligence in these nonsubscriber cases.
Other nonsubscriber claims are basically optional. Assume the boss sends Tom to a renovation site without providing asbestos protective clothing. If Tom develops an asbestos exposure illness, like mesothelioma, he can usually file a workers’ compensation claim or a civil injury claim.
Contact a Hard-Hitting Lafayette Parish Attorney
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Louisiana amputation lawyer, contact Lunsford, Baskin & Priebe, LLC. We routinely handle matters in Louisiana and Mississippi.
