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.

If you develop lung disease or respiratory issues on the job in Louisiana, you need to file a workers’ compensation claim. In this blog, we discuss factors and symptoms of lung disease as well as filing a Louisiana workers’ compensation claim. 

Causes of Lung Disease in the Workplace

When workers are exposed to certain hazardous substances, they can develop lung and respiratory issues. Some common workplace hazards that contribute to lung disease and respiratory issues include:

• Mineral Dust: Mineral dust can cause lung scarring and pneumococcus. Some types of mineral dust include asbestos, beryllium coal, heavy metals, silica, and talc.  
• Gases: Dangerous gases can cause a variety of lung and respiratory issues. Workplace gases can include ammonia, cadmium, chlorine, hydrogen sulfide, mercury, nitrogen oxide, ozone, phosgene, sulfur dioxide, and vanadium pentoxide. 
• Air Pollutants: Pollutants in the air can cause or worsen airway and lung diseases. Pollutants include ammonia, arsenic, chromium, cotton dust, nitrogen oxides, phosgene, and toluene diisocyanate.

When working with lung and respiratory hazards, there are three main factors determining the severity of your exposure. These factors are the amount of hazardous dust, gases, and pollutants in the air, the amount of time in which you were exposed, and the frequency in which you were exposed.  

Many different occupations come with the risk of developing lung disease and respiratory issues. Some of the work processes that can contribute to a hazardous work environment include:

• Acid treatments
• Blasting
• Blending substances that can create air pollutants
• Crushing
• Degreasing
• Forging
• Grinding
• Machining
• Mining
• Painting
• Polishing 
• Soldering
• Welding

Respiratory issues can also result from trauma to your throat. For example, if you hit your throat in a workplace accident, you could develop severe respiratory problems. 

Types of Work-Related Lung Disease and Respiratory Problems

Hazardous work environments can result in many different types of lung disease and respiratory problems including:

• Asthma: Develops when airways swell and become more narrow
• Bronchiectasis: Develops when the bronchi in the lungs widen and are permanently damaged
• Bronchitis: Occurs when the bronchial tubes become inflamed
• Chronic obstructive pulmonary diseases: Diseases that relate to the blockage of airflow resulting in breathing problems. They can be caused by smoking, infections, and air pollutants, including radon and asbestos 
• Fibrosis: Fibrosis occurs when your body develops fibrous connective tissue in order to repair lung damage 
• Lung cancer:  Some types of lung cancers include adenocarcinoma, mesothelioma, large cell carcinoma, and squamous cell carcinoma 
• Pneumonia: Lung infection caused by bacteria, viruses, or fungi

Symptoms of Lung Disease and Respiratory Problems

Symptoms indicating that you may have developed lung disease or respiratory issues include chest pain, trouble breathing, hypoxia, and chest pains. You may experience additional symptoms depending on the type of disease or respiratory issue that you develop. Some symptoms of specific issues include:

• Asthma: Wheezing, shortness of breath, difficulty sleeping, and coughing
• Bronchiectasis: Coughing yellow or green mucus, fatigue, fever, chills, wheezing, and coughing blood
• Chronic obstructive pulmonary diseases: Shortness of breath, chest tightness, swelling in legs, ankles, and feet, weight loss, and fatigue
• Fibrosis: Shortness of breath, fast and shallow breathing, aching muscles and joints, toe and finger clubbing, and fatigue
• Lung cancer: Coughing blood, weight loss, chronic fatigue, wheezing, chest pain, and chronic coughing
• Pneumonia: Coughing, fever, loss of appetite, fatigue, stabbing chest pain, and shallow breathing

Receiving Workers’ Compensation for Lung Disease in Louisiana

Workers’ compensation is a form of insurance that employers obtain in order to cover the medical expenses and lost wages of injured employees. If you develop lung disease or other respiratory issues as a direct result of your work environment, you have the right to seek workers’ compensation. You may also be able to recover compensation if your work environment worsened your existing respiratory issues. For example, if you already suffer from asthma and your asthma was made worse by your work environment, you could receive workers’ compensation for your treatment. 

Unfortunately, injured and ill employees frequently have difficulty recovering the full workers’ compensation they need from their employer’s insurance company. Insurance companies will try to make the case that your work environment did not directly cause or worsen your respiratory condition. They may attempt to blame your affliction on your smoking, pets, or poor ventilation at home. 

In order to prove your workers’ compensation claim, you need to provide evidence that your work or work environment directly caused or worsened your condition. You can provide evidence indicating that your workplace contained hazardous pollutants and that the pollutants resulted in lung disease or respiratory problems. 

Contact a Louisiana Lung Disease Workers’ Compensation Attorney

If you’re struggling to receive the workers’ compensation you deserve for lung disease or a respiratory condition, you need to consult with a workers’ compensation lawyer. For a Louisiana lung disease workers’ compensation lawyer, contact the attorneys at Lunsford, Baskin, & Priebe, PLLC. We offer free case evaluations to help you determine your legal options moving forward with your workers’ compensation case. Call our New Orleans office at 504-788-2994.

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.

When someone’s negligence causes an accident that results in a Louisiana maritime worker’s injury or death, the victims and their families have a right to financial compensation. In this blog, we discuss some of the most common injuries that maritime workers in Louisiana face, as well as the most common causes of these accidents.

Common Causes of Injuries

Of course, individuals who work on rivers, ports, or the high seas are always exposed to risk due to the nature of their profession. However, these risks are magnified when a business or individual acts negligently. Some of the most common causes of injury for maritime workers include:

• Equipment Failure and Malfunction
• Defective Equipment
• Basket, Plank, and Rope Transfer Accidents
• Fires and Explosions
• Collisions
• Dock and Pier Accidents
• Falling Objects
• Slips, Trips, and Falls
• Falling Objects
• Chemical Exposure

None of these accidents should be taken lightly, as all of them can result in serious injury or even death. The expert attorneys at Lunsford, Baskin, & Priebe are here to help. We have the experience required to advocate for your case and help you receive the compensation you deserve after you or a loved one has been injured on the job.

The Most Common Maritime Injuries

Though there is good money to be made in the maritime industry, there are many dangers to be aware of. Many of these dangers can cause lifelong injuries that greatly impact the victim’s quality of life. Some of the most common maritime injuries include:

• Neck and back injuries
• Burns
• Brain injuries
• Spinal cord injuries
• Bone fractures
• Amputations
• Crush injuries
• Chemical poisoning
• Orthopedic injuries
• Eye injuries
• Acoustic trauma
• Paralysis
• Hearing loss

• Cuts, lacerations, and puncture wounds
• Certain types of cancer
• Chemical or radiation exposure
• Respiratory conditions

Get the Help You Need

If you or a loved one have sustained a maritime injury while at work, you mustn’t delay in speaking to an attorney. The sooner you contact a workers’ compensation lawyer, the sooner you can file a claim and start receiving compensation. The compensation you can expect from these cases includes:

• Outstanding, current, and anticipated medical expenses
• Emergency room costs
• Physical rehabilitation expenses
• Medication
• Medical devices, such as wheelchairs and prosthetics
• Lost wages

• Permanent disabilities
• Inability to earn an income
• Pain & suffering
• Mental anguish

If the injuries sustained were so severe that they resulted in the maritime worker’s death, the families of the victims may be entitled to a wrongful death claim against the at-fault party.

Contact a Louisiana Workers’ Comp 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 for maritime workers, and we have years of experience helping Louisianans receive the workers’ compensation they deserved. Don’t delay in speaking with an experienced attorney. Call our office at 504-788-2994, or schedule a free case evaluation by clicking here.

In this blog, we discuss how loud noise at work can affect your health in other ways, as well as some signs to look out for that may be an indicator of hearing loss.

Hearing Hazards

It should come as no surprise that working around loud, heavy machinery is a hazard to your hearing. Construction equipment noises and metal grinding on metal are fairly obvious examples of hazardous workplace noises. There are more dangers to be aware of than loud noises, however. Many people are unaware of ototoxic chemicals and the dangers of the damage they can cause. Ototoxic chemicals are specific chemicals or solvents that are known to be toxic to our biological hearing systems.

Some common examples of ototoxic chemicals include:

• Noxious gases like carbon monoxide and hydrogen cyanide
• Metals such as tin, lead, and mercury
• Solvents such as styrene, trichloroethylene, and toluene
• Some pharmaceuticals such as antineoplastic agents

Be Aware of Noise Levels at Work

For people who are accustomed to working in construction or other environments that are typically noisy, it can be easy for the dangers to go unnoticed. If you need to raise your voice to speak to someone who is only 3 feet away, the noise levels may be above 85 decibels. According to OSHA standards, a hearing conservation program must be implemented by employers if noise levels meet or exceed 85 decibels averaged over an 8 time-weighted hour period. The key takeaway of this phrase is “averaged”, as it does not mean you must be exposed to 8 hours of continuous loud noise. 

Rather, if you are exposed to two hours of noise exceeding 100 decibels (comparable to a motorcycle engine firing at close range) in an otherwise quiet work environment, you still will have met the 8-hour limit.

The time limits for loud noises are as follows:

• 90 decibels – 8 hours of exposure
• 92 decibels – 6 hours of exposure
• 95 decibels – 3 hours of exposure
• 100 decibels – 2 hours of exposure
• 102 decibels – 1.5 hours of exposure
• 105 decibels – 1 hour of exposure
• 110 decibels – <15 minutes of exposure

Additionally, it’s important to be aware of the warning signs of hearing damage.

Some symptoms to look out for when you work in a noisy environment include:

• Hearing ringing or humming in your ears when you leave work
• Having to shout to speak to coworkers who are an arms-length away
• Experiencing a temporary loss of hearing after leaving work

Additional Health Hazards

Noisy workplaces pose more risks to your health than just hearing loss, however. According to a study conducted by the University of British Columbia and published in the Journal of Occupational and Environmental Medicine, people who work in noisy environments have a higher risk of chest pain, heart attacks, heart disease, and high blood pressure due to the psychological stress of working in a loud environment. In fact, according to the study’s findings, those who were exposed to loud noise at work were almost twice as likely to have above-normal diastolic blood pressure, which is linked to hypertension and other cardiac problems.

Contact a Louisiana Workers’ Comp Lawyer Today!

Hearing loss is a serious matter and can pose serious risks to your health when exposed over long periods of time. You shouldn’t have to worry about your finances while you recover from a workplace injury such as hearing damage, 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.

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.

If you suffer from an excavation or trench injury while working, you have every right to recover workers’ compensation in Louisiana. In this blog, we discuss common injuries that occur from trench and excavation accidents, how construction crews can prevent these accidents, and the workers’ compensation benefits you can receive if you’re injured on the job. 

Injuries Caused By Trench and Excavation Accidents in Louisiana

Employees can suffer from serious or even fatal injuries if their employers don’t take proper safety precautions on their trench or excavation sites. Common injuries that occur due to excavation and trench accidents include:

• Broken bones
• Spinal cord injuries, which can cause paralysis
• Nerve damage
• Traumatic brain injuries
• Disfigurement

Injuries associated with trench and excavation accidents often occur due to preventable safety mistakes, such as falls, cave-ins, faulty or dangerous equipment, and falling loads. 

Additionally, fatal injuries can occur due to trench collapses and accidents at excavation sites. These include: 

• Fatal crush injuries: A cave-in or trench collapse can fatally crush an employee.
• Asphyxiation: After a trench collapse, an employee can suffer asphyxiation due to a lack of oxygen access.
• Poisoning: Excavation accidents and trench collapses can lead to employees inhaling toxic fumes. 
• Burns: Excavation accidents can set off a chain of events that leads to explosives unintentionally combusting.
• Drowning: If the excavation site involves water, employees could drown if there’s a trench collapse or accident. 

Preventing Louisiana Trench and Excavation Accidents

Employers and managers need to take certain actions to ensure the safety of their employees. Take the following precautions at trench and excavation sites:

• Prepare the site: Construction companies need to survey a site both before and during an excavation project. They need to enlist the expertise of someone who can perform soil analysis to prevent collapses.
• Place the equipment properly: One reason why excavation and trench accidents occur is that construction crews and companies place equipment too close to the trench itself. Employers and managers need to ensure that they place work equipment in the proper place to avoid injuries.  
• Prevent cave-ins: When preparing an excavation site, crews need to implement precautions to prevent cave-ins by building supports on trench walls, using trench boxes against trench walls, and sloping trench walls to reduce the likelihood of a collapse. 
• Implement all necessary safety precautions: Before workers enter a site, employers must ensure that they test oxygen levels and check for toxic chemicals.
• Ensure exits are accessible and safe: Construction crews working in trenches usually use ramps to enter and exit a trench safely. Employers need to ensure the trench’s access points are properly maintained to avoid accidents, such as falling in a trench.

Recovering Workers’ Compensation After a Louisiana Trench Collapse or Excavation Accident

If you suffer from an injury while working in a trench or on an excavation site, you have the right to seek workers’ compensation. Workers’ compensation is a type of insurance employers acquire to pay for employees’ medical bills and lost wages when they sustain an injury or develop an illness while on the job. 

After suffering from an accident, you should be able to recover compensation for all of your expenses related to your injuries, including medical bills, surgeries, physical therapy, in-home care, and more. You should also be able to recover ⅔ of your pre-injury earnings while you’re away from work. If your injuries permanently disable you, you may qualify for permanent disability benefits. 

Workers’ compensation is a no-fault system, meaning that you do not need to prove that your employer or another employee acted negligently in order to recover compensation. Also, you can still recover workers’ compensation benefits even if you were at fault for your own injury on the job. 

Contact a Louisiana Excavation and Trench Collapse Attorney

Although recovering workers’ compensation after a trench or excavation accident should be a straightforward process, many workers struggle to recover the full benefits they deserve for injuries. Employers and their insurance companies frequently engage in practices intended to underpay or deny employee benefits. For example, companies will often encourage employees to see workers’ compensation doctors. Unfortunately, these doctors can under-evaluate the severity of an employee’s injuries in order to save insurance companies money.

If you’re having trouble recovering the full workers’ compensation benefits you deserve after an injury, you need to contact a Louisiana workers’ compensation attorney to assist you with your claim. Here at Lunsford, Baskin, and Priebe, PLLC, we have years of experience assisting Louisiana residents with workers’ compensation claims, including injuries that occurred due to trench collapses and excavation accidents. Call our New Orleans office today at 504-788-2994, or you can schedule a free case evaluation here.  

Workers’ compensation was essentially invented to allow injured workers to recover compensation for their injuries and lost income without them having to file a lawsuit against their employer. Unfortunately, workers’ compensation benefits do not always cover all expenses and losses related to the injury. Work-related injuries can be quite severe and even life-altering, thus the injured worker may feel they deserve more money for their pain and suffering in addition to their medical bills and lost wages.

In this case, it may be necessary to consult with a team of work-related injury lawyers. Lawyers for work-related injuries can review your case and offer you guidance on how best to proceed. They will understand the ins and outs of workers’ compensation laws and if it is possible to sue your employer for additional compensation.

If you have questions about a Louisiana workers’ compensation case and are wondering whether or not you can sue your employer for a work-related injury, contact the experts at Lunsford, Baskin, & Priebe, PLLC. We work primarily with clients who become injured on the job and know when it is possible to file a lawsuit to ensure you get the highest compensation amount possible for all that you have suffered.

How Workers’ Compensation Traditionally Works

Traditionally, when employees suffer injuries from work-related accidents, they would report the incident and file a workers’ compensation claim. Workers’ compensation provides benefits in the form of coverage for medical bills and wages that are lost while the injured worker recovers. After the claim is filed and approved, it typically only takes a couple of weeks for the workers’ comp benefits to start kicking in.

However, while these benefits can provide injured workers with some financial relief, they do not generally cover all expenses. For example, the wage replacement benefits only cover a portion of the injured worker’s lost wages depending on how much they make on average. Currently, Louisiana has approved up to $743 a week. This amount in addition to the medical bill coverage does not typically cover all expenses and is only provided until the worker can return to work or has reached maximum medical improvement.

Essentially, workers’ compensation benefits are meant to cover the bare minimum and do not account for an injured worker’s total pain and suffering. If the accident is severe and leaves the worker with a permanent impairment, for example, or drastically alters the rest of their life, the benefits provided through workers’ compensation are not going to be enough.

The Exception to Workers’ Comp: Employer Negligence

If workers’ comp benefits are not enough, it may be possible to file a lawsuit against your employer to pursue additional work-related injury compensation. If your expenses and suffering go beyond what is provided by workers’ comp, you can file a lawsuit against your employer ONLY IF you can prove that their negligence caused the accident and your injuries.

Workers’ compensation courts generally try to avoid workers filing lawsuits against their employers, but if they approve and the motion to file a civil suit is not dismissed, you and your attorney will have to provide sufficient evidence to prove that your employer was at fault for causing the accident.

Proving an Employer Breached Their Duty of Care

Employers owe their workers a duty of care, or in other words, they must provide a reasonably safe environment free of known hazards. If an employer breaches this duty of care and acts negligently by not providing a safe work environment, they can be held liable in a lawsuit. To prove that an employer breached their duty of care you will need to:

1. Prove that your employer owed you a duty of care
2. Prove that your employer breached this duty
3. Prove that your employer’s breach of duty and negligence caused the accident
4. Your injuries were a direct result of the accident caused by your employer’s negligence

In some cases, you might even be able to file a lawsuit against a third party. For example, if an accident occurs due to faulty equipment, you might initially blame the employer for failing to check that the equipment was in working condition and properly maintained. However, if the faulty equipment is the result of a malfunction that was out of your employer’s control, you might instead be able to file a lawsuit against the manufacturer responsible for developing the equipment.

Either way, whether you are filing a civil suit against your employer or a third party, you will have to prove that there was a breach of duty and that the breach was the direct cause of the accident and your work-related injuries.

An Experienced Louisiana Workers’ Compensation Attorney Can Help

So, if you are wondering if you can sue your employer for a work-related injury, the simple answer is—yes. The complicated answer is that it is not an easy process and you will have to provide sufficient evidence to prove that your employer or even a third party acted negligently. Proving that someone owed you a duty of care is easy, but further proving how exactly they breached that duty is challenging and will require the help of a workers’ compensation attorney.

For help with a Louisiana workers’ compensation claim or a lawsuit against your employer, contact the workers’ compensation lawyers at Lunsford, Baskin & Priebe, PLLC for a free consultation.