Louisiana Construction Worker Injury Lawyer
When a most dangerous job list appears on the internet, construction is usually at or near the top. Staffing shortages have affected pretty much all industries. Therefore, many construction crews are smaller than ever before. The women and men who work at these sites are under intense pressure to make deadlines. Frequently, staying on schedule means working in dangerous conditions. Furthermore, LEP (limited English proficiency) workers are very common at Louisiana construction sites. These people are hard workers, but they might miss important instructions.
Much like these construction workers, the hard-working Louisiana construction worker injury lawyer at Lunsford, Baskin & Priebe don’t make excuses. Instead, we bring all our experience, skill, and dedication to bear on every job injury case we handle in the Bayou State. Our hard work on the front end usually pays off, in the form of maximum compensation at the back end. Basically, we do what it takes to ensure that injured victims get back to work quickly. Fundamentally, that’s what everyone wants in these cases.
Kinds of Workers’ Compensation Claims
Nearly all the job injury claims we handle are basic workers’ compensation claims. However, we also handle nonsubscriber claims.
Technically, in a workers’ compensation claim, a job-related connection is the only legal issue. Louisiana law describes this connection very broadly. Usually, any act that benefits the employer in any way satisfies this element. For example, if Jamie got hurt at a company softball game, his injury is work related. The game generates free advertising, which benefits the employer.
Nevertheless, insurance company lawyers often dispute the amount of compensation in these cases, specifically the amount of medical bills. Under the law, the insurance company must pay all “reasonably necessary” medical expenses. An insurance adjuster’s definition of “reasonably necessary” is usually much different from a victim’s definition of this phrase.
Nonsubscriber claims usually involve employer insurance fraud, employer illegal activity, or employer recklessness.
Some employers lie to their insurers about payroll size, workforce size, and other key items. When insurance companies uncover such fraud, as they almost always do, they refuse payment. In these situations, a Louisiana construction worker injury lawyer may file a civil damage claim. Typically, to punish them for their fraudulent activity, employers cannot use some key defenses in these situations.
Basically these same rules apply to employers who openly flaunt the law and refuse to purchase workers’ compensation insurance.
We mentioned tight construction site schedules above. As a result, employers often send workers into unreinforced pits and other dangerous areas, to keep the project moving forward. Bosses cannot put workers at risk to line their own pockets. They also cannot give workers dangerous jobs to punish them. Workers’ compensation doesn’t apply to such cases.
Once again, these victims may file civil claims. Successful court claimants are entitled to additional compensation for their emotional distress and other noneconomic losses.
Employer Fraud Issues
We mentioned employer fraud above. Fraud is also a concern in a different context. Frequently, employers promise to pay benefits to injured workers completely under the table if they don’t file workers’ compensation claims. That’s a tempting offer, since it bypasses the complex workers’ compensation bureaucracy. It’s also a trap.
By the time the boss reneges on this promise, which is practically inevitable, the workers’ compensation claims deadline has usually passed. So, the victim has no recourse.
Additionally, this shortcut effectively punishes future victims. Employers who illegally reduce their accident rate pay lower premiums. As a result, there is less money in the system to compensate future job injury victims.
Contact a Dedicated Orleans Parish Attorney
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Louisiana construction injury lawyer, contact Lunsford, Baskin & Priebe, LLC. We do not charge upfront legal fees in these matters.