Louisiana Occupational Disease Lawyer
Lunsford, Baskin & Priebe PLLC represents workers across Louisiana whose jobs made them sick, from South Louisiana communities around New Orleans and Lafayette to Baton Rouge, Lake Charles, Shreveport, and the north of the state. A Louisiana occupational disease lawyer handles a different kind of claim than one built around a single accident, because there is often no moment to point to. A hearing loss that crept in over years on a plant floor, lungs scarred by dust and fumes, a heart condition tied to decades of firefighting, or an infection picked up in a clinical setting all develop slowly, and the insurer will say the same thing about every one of them: it came from somewhere else.
That is the core fight in these cases. The worker has to connect a medical condition to the conditions of the job, and the employer’s carrier has every reason to blame age, genetics, smoking, a prior employer, or ordinary life. Medical records, exposure histories, work records, and coworker accounts become the whole case. Our firm builds these claims around that causation question from the first day, and we take them before workers’ compensation judges and, when needed, to the Louisiana courts of appeal.
Why Choose Lunsford, Baskin & Priebe for an Occupational Disease Claim
Lunsford, Baskin & Priebe PLLC is a workers’ compensation law firm for injured and sick workers in Louisiana and Mississippi. We have recovered more than $100 million in settlements for clients, and our team deals directly with your employer and its insurer so you can concentrate on treatment and getting well. Consultations are free, we advance the costs of the case, you pay no fee unless we recover benefits for you, and our phones are answered 24 hours a day. We also speak Spanish; hablamos español.
The people behind the work matter in a case that turns on medical proof. Rob Lunsford, our Founding Partner, has spent his entire legal career representing injured workers. Partners Brad Baskin and Jennifer Priebe have been recognized by Best Lawyers, Super Lawyers, and The National Trial Lawyers, and the firm was ranked by Best Law Firms for Workers’ Compensation Law, Claimants, in Jackson. Andrew Rueff has successfully tried dozens of jury and bench trials to verdict, which matters when a carrier refuses to deal fairly and the dispute has to be decided by a judge. Alongside Keaton Belk and Erin Heimlicher, they handle claims involving the very arguments insurers use against occupational illness.
Our results show what contested medical claims can produce: $685,000 for a surgical tech with a lower back injury, $600,000 for a construction worker with a complex back injury, $385,000 for a project manager injured when his work vehicle was struck, and $221,000 for a land-based oil rig worker with severe burns. Clients consistently describe our team as attentive, professional, and willing to take on the insurance company at every step.
Conditions That Commonly Support an Occupational Disease Claim in Louisiana
- Firefighter and First Responder Illnesses: Hypertension, heart and lung disease, hepatitis, hearing loss, posttraumatic stress, and cancer tied to the job are all conditions we handle for firefighters and other first responders, where years of smoke, chemicals, and trauma exposure are the proof of causation.
- Chemical and Industrial Exposure: Workers in plants, refineries, and industrial job sites along the Gulf corridor can develop respiratory conditions and other illnesses from fumes, solvents, dust, and burns that accumulate over a career rather than a single shift.
- Repetitive-Use Back, Neck, and Spine Conditions: Lumbar and cervical disc problems that develop from years of lifting, driving, or heavy labor are frequently labeled degenerative by insurers, so we show how the work caused or accelerated the condition.
- Shoulder and Knee Wear Injuries: Rotator cuff tears, SLAP tears, and meniscus tears can build up from repeated overhead work, pulling heavy pipe, or constant kneeling and climbing, and carriers often call them old sports injuries.
- Occupational Hearing Loss: Years of noise on drilling rigs, in manufacturing, and around heavy equipment can permanently damage hearing, and proving it requires documented exposure and audiology evidence.
- Job-Related Stress and Psychological Injury: Posttraumatic stress tied to the work, particularly for first responders, can qualify for benefits when the evidence ties it to what the worker experienced on the job.
- Illnesses Spread in the Workplace: Hepatitis and similar infections can be contracted by nurses, first responders, and other workers exposed to bodily fluids or contaminated environments in the course of their duties.
What to Do and Where Your Claim Goes if You Are Sick From Your Job
The first decision is whether to tell your employer, and the answer is yes, in writing and as early as you can. In Louisiana an injured employee should report to the employer within 30 days, and the statute bars a compensation proceeding where notice was not given in that window. With a gradual illness the hard question is when the clock starts, since the condition may only become clear after a diagnosis. Do not guess. Report as soon as a doctor links, or even suggests, a connection between your symptoms and your work, and ask us before you assume you are too late.
A formal claim generally must be filed within one year of the date of injury, and if compensation payments have been made, the deadline can extend to three years from the last payment. Occupational disease claims make those dates harder to pin down, which is exactly why waiting is risky. Meanwhile, start building the record. Write down every job you have held, the substances, noise, or physical demands at each, and the names of coworkers who saw the conditions. Keep every medical record, and make sure your treating doctors know your work history, because the causation opinion is usually the heart of the case. Tell them plainly that you believe your job is the cause so it is addressed in their notes.
Disputes are heard by workers’ compensation judges at the Office of Workers’ Compensation Administration, which operates district courts in Alexandria, Baton Rouge, Covington, Harahan, Houma, Lafayette, Lake Charles, Monroe, New Orleans, and Shreveport. The law lets the worker choose where to file: the parish where the injury occurred, the parish where you lived when injured, or the parish of the employer’s principal place of business. If the insurer denies a treatment request, the clock is short. A utilization review dispute must be filed within 15 calendar days of receiving written notice of the denial, and the OWC medical director then has 30 calendar days to decide. If you disagree with that decision, you have 45 days from the date it was issued to file the next form, and the time runs from issuance, not from when you finally open the letter.
A final judgment by a workers’ compensation judge can be appealed to the appropriate Louisiana court of appeal, with an appeal that suspends the judgment due within 30 days and one that does not suspend it due within 60. Which court hears it depends on the parish: the First Circuit covers parishes including East Baton Rouge, St. Tammany, and Terrebonne, the Second Circuit includes Caddo, Bossier, and Ouachita, the Third includes Lafayette, Calcasieu, and Rapides, the Fourth covers Orleans, Plaquemines, and St. Bernard, and the Fifth covers Jefferson, St. Charles, St. James, and St. John the Baptist. A party can then ask the Louisiana Supreme Court to review through a writ application, generally within 30 days of notice of the judgment.
The most common mistakes are waiting for a perfect diagnosis before reporting, signing statements for the adjuster without understanding how they will be used, and treating only with the insurer’s chosen providers without ever discussing causation with a doctor. Another is returning to full duty because someone said you should, when your physician has not cleared you. Call before you give a recorded statement.
Proving That Your Work Caused the Illness
An occupational disease case is won or lost on proof of connection, and insurers know it. The usual defenses are that the condition is degenerative, that it pre-existed the job, that it came from a prior employer, or that it is simply not work related. A pre-existing condition does not automatically end a claim. If your job caused, worsened, or sped up the condition, you may still be entitled to benefits, and answering that argument with strong medical evidence is a core part of what we do.
Building that proof usually means gathering a long work history, documenting what you were exposed to and for how long, getting treating physicians to address causation directly, and, where needed, obtaining specialist opinions. Coworker accounts and employer records of job duties often fill gaps. For first responders, the nature of the job itself, repeated smoke, chemical, and trauma exposure, is the foundation of the claim, and we organize the medical and service history to match.
Benefits That May Be Available
When an occupational illness is accepted, Louisiana workers’ compensation covers all reasonable and necessary medical treatment, including consultations, surgery, and physical therapy. It also provides wage replacement while you are temporarily unable to work, supplemental earnings benefits if you return at reduced pay, and additional benefits for permanent disability, catastrophic injury, or death. Vocational rehabilitation may also be part of the picture when you cannot return to the same work. Supplemental earnings benefits are calculated as 66 2/3% of the difference between your pre-injury wages and what you earn or are able to earn when you cannot earn 90% or more of your pre-injury wages, and they run until you are released to full duty, you return to pre-injury earnings, or you reach the 520-week maximum, with temporary total disability weeks counting toward that total. Weekly compensation limits are set annually from the statewide average weekly wage and are fixed by the date of the accident.
Occupational Disease Questions Louisiana Workers Ask
What counts as an occupational disease in Louisiana?
It is an illness or condition that results from the conditions of your work rather than a single accident. Hearing loss, lung disease, heart conditions, infections, and wear-related orthopedic problems can all qualify when the evidence ties them to your job.
Do I need a lawyer for an occupational disease claim?
Not every claim requires one, but these claims are more likely than most to be disputed because causation is rarely obvious. If your benefits have been denied, delayed, reduced, or cut off, or you will be out of work for a long time, an attorney can make a major difference.
How much does it cost to hire your firm?
Nothing up front. Consultations are free, we advance the costs of your case, and we are paid only if we recover benefits or a settlement for you. Attorney fees in workers’ compensation cases are also limited and approved under state law.
How long do I have to report an illness to my employer?
You should report as soon as you know or suspect your condition is work related, and within 30 days at the latest. A formal claim generally must be filed within one year of the date of injury, with a possible extension to three years from the last compensation payment if benefits have been paid.
Can I be fired for filing a claim?
Louisiana protects workers from being fired in retaliation for filing a compensation claim. If you were let go or punished after reporting a work-related illness, tell us during your consultation so we can review your options.
What if my illness developed slowly and I do not know when it started?
That is common, and it is why the date of injury can be disputed. Do not wait for certainty. Report once a doctor connects your symptoms to your work, keep your records, and speak with us so we can protect the deadlines that apply to your situation.
What if the insurance company says my condition is pre-existing?
A pre-existing condition does not end your claim by itself. If your work caused, worsened, or accelerated the condition, benefits may still be owed. We answer this defense with medical opinions and a detailed work history.
What if I worked for several employers and was exposed at each?
Exposure over multiple jobs makes it harder to say which employer is responsible, and insurers use that to point fingers. We gather your full work history and the medical evidence to establish where and how the condition developed, so the right party is held responsible.
Can I also sue someone other than my employer?
Sometimes. If a party other than your employer, such as a contractor or a manufacturer, contributed to your illness or injury, you may have a separate injury claim in addition to your compensation benefits. Our personal injury lawyers make sure the two claims work together. Louisiana injury lawsuits arising on or after July 1, 2024 generally carry a two-year prescriptive period, so ask us early.
What happens if the insurer denies a medical treatment my doctor recommended?
You can dispute it through utilization review, but you must file within 15 calendar days of receiving the written denial. Missing that window can cost you the treatment, so contact us as soon as the notice arrives.
Do you represent Spanish-speaking workers?
Yes. Hablamos español, and Spanish-speaking clients can work with our team in their own language from the first call to the end of the case.
Serving Occupational Disease Clients Across Louisiana
We represent sick and injured workers from the New Orleans area and the communities of Orleans, Jefferson, St. Bernard, and Plaquemines parishes across South Louisiana, including the River Parishes and the north shore. Our team handles claims for workers in Baton Rouge and the surrounding capital region, in Lafayette and Acadiana, in Lake Charles and the industrial southwest, and in Shreveport and north Louisiana. Whether you work at a plant, on a rig, in a hospital, for a fire department, or on a job site, if your work made you ill anywhere in the state, we can help. We also represent workers across Mississippi, from the Gulf Coast and Hattiesburg to Madison, Southaven, north Mississippi, and the Delta.
Talk With a Louisiana Occupational Disease Attorney Today
If your job made you sick, you do not have to prove it alone or against a carrier with its own adjusters and lawyers. A Louisiana occupational disease attorney at Lunsford, Baskin & Priebe can review your work history and medical records, tell you where your deadlines stand, and take over the dispute with the insurer. Our phones are answered 24 hours a day, consultations are free, and you pay no fee unless we recover benefits for you. Call us today to talk through your claim.
