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.

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.

Different injuries will have different recovery times, so you should never have to worry about loss of income while you are focusing on healing, especially if your injury requires you to be out of work for an extended period.

In times of economic crisis such as the COVID-19 pandemic, job security is on everyone’s minds. Many businesses were forced to close down amid virus scares at the start of the pandemic, and because of this many people feared for the security of their jobs. Many companies had to downsize and lay off employees to cut costs.

This begs the question: can you be laid off while you are receiving workers’ compensation? In this blog, we answer the question of whether or not an employer can terminate your employment while you are receiving workers’ compensation, and discuss further legal options if you are in this situation currently.

Can Your Employer Legally Fire You While You Are Receiving Workers’ Compensation?

The unfortunate answer to this question is yes, your employer can fire you for any legal reason while you are receiving workers’ comp benefits. Louisiana is an at-will state, meaning businesses are permitted to fire an employee at their discretion so long as the reason is not discriminatory to the employee’s age, race, gender, or sexual orientation. Simply being on workers’ comp for temporary disability does not protect you from being laid off, as employers are not required to give special treatment to those on workers’ compensation benefits.

It’s important to keep in mind that a company is within its rights to terminate employees for the sake of the company’s financial stability, even if some of those employees are on temporary disability and receiving workers’ compensation benefits. Be sure to assess the situation from all angles, because you will not have a case for wrongful termination if the employer was simply downsizing. If the employer has proof that the downsizing was planned in advance and affected other employees besides you, you will not be able to pursue a wrongful termination case.

When Is This Illegal?

However, if you were singled out and laid off because of your injury, an employer will not have proof that the downsizing was planned in advance, and they will not be able to prove that other employees lost their jobs as well. The Americans with Disabilities Act states that an employer may not fire you, lay you off, demote you, harass you, or otherwise retaliate against you for acting within your rights under workers’ compensation. If they do, it will likely be considered illegal retaliation and may be grounds for a wrongful termination lawsuit.

If you have been laid off while receiving workers’ compensation benefits and you feel your rights were violated, do not hesitate to reach out to an experienced Louisiana workers’ compensation attorney to find out how we can assist you.

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, 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.

However, insurance companies have a reputation for ignoring guidelines and denying workers’ comp benefits to injured workers, even if it is clearly covered by the insurance company. In this blog, we discuss how to approach a situation like this, as well as address other common questions surrounding workers’ compensation.

Medical Treatment Under Workers’ Comp

It’s important to remember that health insurers are not required to pay for any type of work-related injury if workers’ compensation has been rejected. In this scenario, the health insurer will be required to pay for treatment. This is why it is so important to get things started sooner rather than later and ensure you get the compensation you need.

First and foremost, your doctor must request authorization from the workers’ compensation insurance company. In doing this, your doctor is essentially asking for permission to treat you under the umbrella of workers’ compensation. Once permission is granted by the insurance company, your doctor can begin treatment.

This is where things can get sticky. Insurance companies do not want to pay for expensive medical treatments, so they may try their hardest to refuse claims such as these even if your treatment is clearly covered by workers’ comp guidelines.

These guidelines clearly explain which injuries are covered under workers’ compensation, so as long as your doctor is requesting treatment for an injury that is included in these guidelines, the insurance company must pay for it.

What If My Workers’ Comp Benefits Are Denied?

If an insurance company denies your claim even though your injury is clearly covered, there are steps you may take to fight for your case. First, your doctor must file an appeal with the Louisiana Office of Workers’ Compensation – Medical Services Division. Once this appeal is filed, the state will decide whether or not the treatment is necessary according to the guidelines. After this decision has been made, the insurance company has 45 days to dispute it. The treatment will be considered medically necessary if the insurance company does not object, and the insurance company must then authorize your claim.

The insurance company can dispute the claim even after the state has made a decision by filing a lawsuit. However, overturning state decisions in court is extremely difficult and seldom happens. Unsurprisingly, this still may not be enough to get compensation from an insurance company. The insurance company may still refuse your claim even if treatment has been ruled necessary by the state, in which case you will be forced to file a lawsuit against the insurance company.

This is when having an experienced workers’ compensation attorney on your side matters. You don’t want to fight this battle on your own, but rather you should have someone capable on your side fighting for you to get the benefits you deserve.

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, 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.

Common Types of Defective Equipment

Defective equipment poses a serious risk for all types of employees, but employees working in construction, manufacturing, and industrial jobs are especially vulnerable to suffering from life-changing injuries from working with faulty equipment. Common types of defective equipment include:

• Industrial equipment: feeder belts, conveyors, and rotators
• Office equipment: electronics, chairs, and desks
• Hand tools: hammers, nail guns, and welding tools
• Transportation equipment: cranes, hoists, and forklifts
• Oil rig equipment: suction lines, hoses, and rotary tables
• Construction equipment: power tools and scaffolds

Injuries Resulting From Faulty Equipment

Defective work equipment can lead to many different types of minor, serious, or even life-threatening workplace injuries. If you work with defective tools, you could sustain various injuries. For example, a nail gun that malfunctions or has faulty safety features can cause serious puncture wounds, and a faulty electronic tool, such as a welder, can lead to severe burns and electric shock injuries.

Defective equipment can be especially serious for construction workers and others who work with large transportation and construction equipment. Faulty cranes can lead to life-threatening collapses and construction accidents, and defective scaffolding can result in fall injuries. Injuries caused by faulty equipment are common in the construction industry, and construction work is the third leading industry for workplace fatalities.

Oil drillers are also highly susceptible to suffering from injuries caused by defective equipment. Drilling rigs are made up of many intricate parts, and if any of these parts fail, serious accidents can occur. Rigs can combust due to faulty equipment, and falling parts can injure workers.

Faulty forklifts are also highly dangerous for workers across many different industries. A forklift with defective safety features can cause severe crushing injuries.

Workers’ Compensation from Faulty Equipment

If you suffer from an injury on the job, you should qualify for workers’ compensation, a type of insurance that compensates employees for medical bills and ⅔ of lost wages, and this includes injuries you sustain from defective equipment. Workers’ compensation is a no-fault system, so you don’t need to prove that your employer or a third party was negligent in order to receive benefits for your injuries.

Workers’ compensation also covers disability benefits in the event that your injury leaves you temporarily or permanently disabled. Types of workers’ compensation disability benefits include temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability. A partial disability refers to your injury partially hindering your ability to work, while total disability means that you can’t work in any capacity because of your workplace injuries.

Unfortunately, not every type of worker qualifies for workers’ compensation. Employees who are typically not protected by workers’ compensation include freelance workers, independent contractors, domestic workers, temporary workers, undocumented employees, and agricultural workers.

Filing a Lawsuit

If you’re ineligible to receive workers’ compensation or you have a case involving negligence, you may wonder if you can file a personal injury claim. Workers’ compensation protects employers from being sued by employees, but there are cases in which you still may be able to hold your employer accountable for wrongdoing.

If your employer engaged in gross negligence resulting in your injury, you can file a claim against them, but you need to be able to prove that the employer directly caused your injuries because of their negligence. For example, if your employer knowingly provided you with faulty equipment leading to your accident, that could be considered gross negligence.

It’s incredibly difficult to receive additional damages from an employer when they’re protected by workers’ compensation insurance. You may be able to file an additional personal injury claim against the manufacturer of a faulty piece of equipment or another third party, such as a negligent employee. If a manufacturer equipped a product with defective parts or failed to assemble it properly, you may be able to prove a product liability claim.

Victims filing personal injury claims can receive benefits that are not covered by workers’ compensation, including emotional trauma, pain and suffering, loss of enjoyment of life, and more.

If you file a personal injury claim against a third party or your employer, you’ll also have to prove that you weren’t responsible for your own injuries. If you handled a faulty piece of equipment but you also didn’t work with proper caution, a manufacturer or employers’ legal team may argue that the faulty equipment wasn’t the main cause of your injuries, meaning you shouldn’t receive damages.

Contact a Louisiana Workers’ Compensation and Personal Injury Lawyer

If you’re unsure whether or not you have a personal injury case against a manufacturer, employee, or employer, we encourage you to contact our office for a free case evaluation. We can answer any questions you may have regarding workers’ compensation and personal injury claims.

Regardless of whether you file a personal injury claim, you should qualify for workers’ compensation benefits for your workplace injury as long as you’re technically an employee. If you’re having difficulty receiving the workers’ compensation benefits you deserve, call the attorneys at Lunsford, Baskin, & Priebe, PLLC. Our workers’ compensation lawyers have helped numerous Louisiana residents receive the benefits they deserved. Call our New Orleans office today at 504-788-2994.

However, there are several steps you must take to obtain these benefits if you were injured on the job. Every state has different laws surrounding workers’ compensation, and so these steps are unique in Louisiana. In this blog, we discuss the steps you must take to claim workers’ comp benefits and receive the compensation you deserve so you can focus on healing your injuries.

Statute of Limitations

The statute of limitations is the period of time in which legal action must be taken before it becomes invalid, and Louisiana has one of the strictest statutes of limitations in the country. Most states have a statute of limitations of about one year after the incident, but in Louisiana, injured workers only have 30 days to report an accident to their employer or they will not be able to receive workers’ compensation. This is a very short amount of time in any condition, but it will seem especially short after an accident and you are recovering from injuries.

This is why time is of the essence when filing for workers’ compensation. The first thing you should do after an accident is to seek medical attention, but the second thing you should do is notify your employer. Not only will insurance companies be less skeptical of a claim if it was filed right after an accident, but the quicker you file, the sooner you will receive compensation.

Compensation Benefits in Louisiana You Can Expect to Receive

Workers’ compensation benefits will usually cover any medical treatment related to the work injury including hospital bills, doctors’ visits, and prescriptions. However, depending on the type of injury, injured workers may be eligible for temporary disability payments or a permanent disability reward.

Temporary Disability

If you are temporarily disabled from your workplace injury and unable to work, you may receive compensation for lost wages through workers’ comp benefits. You will be eligible for these benefits until a doctor determines that your injury is not expected to improve any further. At this point, you must either return to work or file for permanent disability benefits if your injury is still keeping you from going to work.

Permanent Disability

Injured workers are considered permanently disabled if their injury keeps them from receiving wages at any job. These benefits are usually reserved for people who have sustained a permanent injury such as loss of a limb or loss of function of a limb. Partial permanent disability benefits are available if the worker is unable to earn 90% or less of their normal wages.

Connect with a Louisiana Workers’ Comp Lawyer ASAP

As an injured worker, you have a right to claim workers’ compensation benefits, but standing up to a denial on your own can be challenging. In our law firm, Our dedicated legal team has years of experience practicing exclusively in the area of workers’ compensation law. We are prepared to take on any case and handle the task of ensuring your benefits are promptly and fully paid. This includes helping you with claim denials and appeals if necessary.

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

Causes of Parking Lot Accidents

Different contributing factors can lead to parking lot accidents. Some of the most common causes include:

• A driver pulls out of a parking space and hits an oncoming car
• Two drivers back into one another
• Two drivers hit each when pulling into the parking space
• A driver mistakenly backs into an oncoming car
• A driver rear-ends a vehicle stopped at a parking lot stop sign

The busier the parking lot, the higher the likelihood that you’ll experience a parking lot accident. Congested parking lots are often a hotbed for fender benders because it’s harder to see oncoming cars when backing out of a parking space.

Additionally, those driving in parking lots often drive while distracted. They may feel they can multitask because they’re driving at a slow speed, but operating a vehicle while on the phone or engaged in another distraction can still lead to a car accident regardless of speed.

How Do You Determine Liability in a Parking Lot Accident?

When determining fault, police officers, insurance companies, and courts will focus on two major components. Firstly, if one vehicle was moving while the other was stationary, the driver with the non-stationary vehicle will likely be found liable. This would be the case if a driver hits your vehicle while you’re parked, stopped at a stop sign, or yielding to pedestrians.

The next component involves who had the right of way. If both vehicles were moving at the time of the wreck, one of the vehicles likely didn’t have the right of way, resulting in the crash. Drivers need to abide by road laws in parking lots, including yielding when it’s not your right of way. For example, if you mistakenly back into an oncoming car, the other driver had the right of way, so you would be held liable as long as the other driver was operating their vehicle at the appropriate speed limit.

Comparative Negligence in Mississippi

Mississippi is a pure comparative negligence state. This means that two or more drivers can be found partially responsible for a vehicular accident, and your percentage of liability impacts the amount you can recover in compensation.

Let’s say that you and another driver backed into one another in a parking lot, and neither of you had a clear right of way. You could both be held equally responsible for the accident, meaning the percentage of blame is apportioned 50/50. If you seek compensation from the other driver, your percentage of the blame impacts the amount you can recover. In this case, you would only be entitled to 50% of full compensation for damages.

What’s more often the case is that a single driver will primarily be at fault while the other driver bears a smaller percentage of the blame. For example, if someone backs into your vehicle while you had the right of way, they would likely be held primarily responsible, but if you were driving over the speed limit at the time of the accident, you could bear partial liability. If you receive 25% of the blame, that would negatively impact the amount you can recover in compensation by 25%.

Contact a Mississippi Car Accident Attorney

Numerous parking lot accidents occur every single day, and you shouldn’t have to pay or have your insurance pay for a wreck that wasn’t your fault. Also, parking lot collisions are typically mild, but that doesn’t mean you’re immune from experiencing an injury. Victims of parking lot accidents can still suffer from both mild and severe injuries, and you shouldn’t have to pay out of pocket for your medical bills if another driver caused your wreck. Whether the other driver was solely responsible for your wreck or you bore partial responsibility, you can recover compensation for vehicle damages, medical bills, lost wages, loss of future earnings, and more.

For legal guidance and representation in car accident and personal injury claims, contact Lunsford, Baskin, & Priebe, PLLC. We’ll help you recover the damages you deserve for your wreck, and we’ll work to maximize the amount you receive. Call our Jackson office at 601-488-3975, or you can schedule free case evaluation online here.