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. 

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.

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.

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.  

Carbon monoxide is an odorless, colorless, and tasteless gas that can poison you at work if enough of it builds up in your bloodstream. While the Occupational Safety and Health Administration (OSHA) requires employers to meet certain standards for CO exposure and to take preventative measures to protect their employees, CO poisoning still happens. 

If you are poisoned from CO at work, you have a right to file a workers’ compensation claim to recover benefits. These benefits are available to you without the need to prove fault. Even if you know the exposure occurred as a result of your employer’s negligence, workers’ compensation was invented to protect employers from being sued. 

For this reason, it’s important to work with an attorney to ensure you get the full benefits from your workers’ compensation claim that you deserve. Even if your employer failed to provide a safe environment, you can only recover compensation through workers’ comp benefits and will likely not be eligible to file a lawsuit for further damages—unless, however, a third party is to blame. 

If you need help filing a workers’ compensation claim or have questions or concerns about liability and recovering further damages beyond what workers’ compensation provides, contact a local Louisiana workers’ compensation law firm. They can review your case and offer you guidance on how best to proceed, ensuring you get the benefits and compensation you deserve for your carbon monoxide poisoning. 

What Workers Are Most at Risk of Suffering from CO Poisoning While on the Job?

Carbon monoxide is a gas that often results from the incomplete burning of materials containing carbon. This can include gasoline, natural gas, kerosene, propane, oil, coal, and even wood. Various workplaces involve the use of machinery and equipment that run on these materials, such as blast furnaces, forges, vehicles, and internal combustion engines. This is why CO poisoning is such a problem in workplace environments and why employers must take measures to mitigate CO exposure. 

Workers who are most at risk of being exposed to carbon monoxide include:

• Welders
• Firefighters
• Mechanics
• Organic chemical synthesizers
• Longshore workers
• Forklift operators
• Diesel engine operators
• Maritime workers
• Tollbooth and parking garage attendants
• Taxi drivers or other types of rideshare drivers

Symptoms of Work-Related Carbon Monoxide Poisoning

The danger of carbon monoxide is that it is difficult to detect without special devices because it has no odor, color, or taste. So it’s important for workers to know the signs and symptoms of potential CO poisoning so they can move to a more ventilated area and seek emergency medical attention. 

Common signs and symptoms of CO poisoning in the workplace include:

• A dull headache
• Dizziness
• Weakness
• Nausea and vomiting
• Confusion
• Shortness of breath
• Blurred vision
• Loss of consciousness

If CO poisoning happens often or is left untreated it can result in permanent brain damage, cardiac complications and heart damage, fetal death or miscarriage for expectant mothers, and death. 

How Employers Can Help Prevent Carbon Monoxide Exposure at Work

Employers are required to provide a safe and healthy workplace and to adhere to OSHA standards for CO exposure. If they fail to take preventative measures, it is your right as an injured worker to file a claim for workers’ compensation to cover your medical expenses and lost wages while you recover from CO poisoning. 

Preventative measures that employers should take according to OSHA CO guidelines include:

• Install a working ventilation system
• Stay on top of machine and equipment maintenance to reduce CO formation
• Prioritize electric, battery, or compressed air-powered tools, machinery, and equipment over gas-powered engines
• Provide carbon monoxide monitors for individual employees
• Test air quality regularly for CO levels, particularly in areas where CO is likely to be present
• Provide adequate safety gear such as a breathing apparatus and respirators to those workers most likely to be exposed to high levels of CO
• Properly train and educate workers on CO safety and possible sources of exposure

Connect with an Experienced Louisiana Workers’ Compensation Attorney

If you’ve been poisoned due to carbon monoxide exposure in the workplace, connect with a local Louisiana workers’ compensation attorney for assistance. Though you don’t need to prove fault to be eligible for workers’ compensation benefits, it is not uncommon for insurers to deny claims or reduce benefit amounts for various reasons. So it’s helpful to have an attorney on your side who can protect your rights and ensure you are awarded the full amount you deserve. 

It is also possible that a third party could be responsible for the CO exposure. In this case, you may be eligible to file a lawsuit against the guilty party in addition to filing your workers’ comp claim. Understanding how to navigate these various legal processes, however, can be a challenge and you will need someone to guide you through to ensure everything goes as smoothly as possible and works out to your benefit. 

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

If you are a truck driver who was injured while at work, you may be entitled to workers’ compensation benefits depending on your employer’s coverage. In this blog, we discuss how truck drivers may receive workers’ compensation after sustaining a workplace injury.

Workers’ Compensation Laws in Mississippi

As a general rule under Mississippi state law, any workers who have suffered a work-related medical condition are entitled to workers’ compensation. This means you do not have to prove that your employer was at fault for causing your injuries.

However, you must be a covered employee who sustained an injury while performing job-related tasks within the scope of employment. For example, if you were on a work delivery driving your normal route and slid on a patch of ice, your claim should be covered. If you were making a personal errand run, however, you may not be eligible to file.

There is one caveat to this no-fault system, however. This workers’ compensation will serve as your only remedy and you forfeit your ability to sue your employer in court. So as far as financial compensation goes, you will be limited to workers’ compensation benefits and they do not cover emotional damages or pain and suffering.

Workers’ Comp Benefits for Truck Drivers

If you are a truck driver who qualifies for workers’ compensation, your benefits may include:

• Costs for medical treatment
• Wage replacement for lost time at work
• A numbered amount of your wages for total or partial disability paid on a permanent or temporary basis
• Death benefits for qualifying family members

Time is of the essence when it comes to filing for workers’ compensation. If you delay in getting the process started, you may not file in time and be denied benefits when you need them most. In many states, there is a strict statute of limitations that establishes a deadline for when you must file. For example, in Mississippi, the state allows you 30 days from when you first sought medical treatment to notify your employer of a workplace injury.

Furthermore, Mississippi state law allows you only two years from the date of your injury to file for workers’ compensation. This may seem like an ample amount of time, but depending on your injury, you might be recovering for an extended period of time, and before you know it, you are approaching the deadline to file. Don’t hesitate to speak with an attorney as soon as possible to get the help you need in filing for workers’ compensation.

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

Without workers’ compensation, employees may have to pay out of pocket for their medical treatments and recovery. This can be especially financially draining if they’re unable to work while they heal.

Fortunately, workers’ compensation should cover any burn injuries you sustain while on the job, but receiving the full workers’ compensation you deserve isn’t always easy. Employers and their workers’ compensation insurance companies frequently look for ways to deny or underpay workers’ compensation claims in order to save money. If an insurance company unfairly denies your claim, you need to contact a workers’ compensation attorney.

In this blog, we discuss what you need to know about Mississippi workplace burn injuries and recovering workers’ compensation.

Burn Classifications

When suffering from a burn injury at work, employees can sustain a variety of different burns that differ in their overall severity. The following are the different burn injury classifications:

• First-Degree Burns: First-degree burns, also known as superficial burns, only involve the epidermis, which is the skin’s outer layer. These injuries are usually red, dry, and painful when touched. First-degree burns are painful, but they aren’t incredibly serious, and they usually don’t result in long-term tissue damage.
• Second-Degree Burns: Second-degree burns are also called partial-thickness burns, and they impact the thick portion of the skin’s second layer, the dermis. Second-degree burns frequently result in blistering and long-term scarring. These injuries may require victims to receive a skin graft.
• Third-Degree Burns: Third-degree burns are also called full-thickness burns, and they frequently require multiple surgeries and skin grafts. These burns destroy the epidermis and can cause damage deep into your hypodermis, which is the bottom layer of your skin. This can also damage your tendons, muscles, and even your bones. Additionally, these injuries can destroy your nerve endings and cause your skin to appear white.
• Fourth-Degree Burns: Fourth-degree burns destroy every layer of the skin, making them the most life-threatening type of burn. They can also destroy tendons, muscles, and bones. Victims of fourth-degree burns may require their afflicted area to be amputated.

Types of Workplace Burn Injuries

There are four main types of burn injuries employees can suffer from in the workplace. These include UV light burns, radiation burns, chemical burns, electrical burns, and thermal burns.

• UV Light Burns: UV light burns are more frequently referred to as sunburns. These are common for those working outside and only result in first-degree burns. Those working outside for extended hours need to protect themselves from UV light burns through protective clothing and sunscreen. Sunburns can increase one’s likelihood of developing skin cancer.
• Radiation Burns: Those exposed to nuclear radiation can suffer from radiation burns. Employees need to protect themselves from these serious burns by following their workplaces’ safety protocols.
• Chemical Burns: Chemical burns involve exposure to dangerous, corrosive materials, including acids and solvents. These burns can deteriorate the impacted area, which could include the eyes or skin.
• Electrical Burns: Employees working with electric currents can suffer from serious burns. These burns can result from faulty wiring or dangerous electrical equipment.
• Thermal Burns: Thermal burns occur when someone is exposed to heat. They can result from explosions, steam, hot objects, hot liquids, and open flames.

Recovering Compensation From a Burn Injury at Work

Many different types of workers are at risk of suffering from burn injuries, including construction workers, food-service workers, firefighters, mechanics, electricians, radiation workers, and other occupations.

If you’ve suffered from a burn injury at work, you have every right to receive workers’ compensation as long as your employer has workers’ compensation insurance. Workers’ compensation covers treatments and expenses related to workplace injuries including doctor visits, surgeries, medications, physical therapy, in-home care, and more.

Additionally, workers’ compensation covers a percentage of your lost wages if you’re unable to return to work after a burn injury. You can receive ⅔ of your pre-injury earnings temporarily while you recover, or you can receive these benefits long-term if your injury permanently disables you. Mississippi employees can receive 450 weeks of lost wages benefits after suffering from a burn injury that keeps them from working.

Contact a Mississippi Burn Injury Lawyer

Although receiving benefits after a workplace injury should be a straightforward process, your employer or their insurance company may attempt to deny or underpay your benefits. If your benefits are unfairly denied or underpaid, you need a workers’ compensation attorney to help you receive the benefits you’re entitled to. For expert legal guidance in workers’ compensation cases in Mississippi, contact the lawyers at Lunsford, Baskin, & Priebe, PLLC. We have years of experience assisting Mississippi residents with workers’ compensation claims. Call our Jackson office today at 601-983-2667, or you can schedule a free case evaluation by clicking 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.