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. 

Louisiana does have laws implemented to keep these workers safe. However, many motorists on the road ignore these laws and temporary signs, flying through construction zones and putting themselves and road construction workers at serious risk and causing an increasing number of highway worker fatalities.

When motorists engage in this type of reckless behavior or even simply fail to pay adequate attention, they may strike one of these construction workers. These injuries are extremely serious and often fatal because workers have no protection against a vehicle moving toward them at high speeds.

In this blog, we discuss some of the dangers Louisiana highway workers face and how they may pursue compensation after the accident. 

Dangers Louisiana Highway Workers Face

Of course, the combination of heavy manual labor and hot temperatures magnified off of the asphalt can put these workers at serious risk of heatstroke. It’s extremely important to remain hydrated and to take an adequate amount of rest breaks to keep from overheating in these conditions.

This type of work also poses the risk of inhaling dangerous chemicals into the lungs and leading to further harm. Louisiana highway workers must remain vigilant with safety precautions and equipment as it will keep them from damaging their bodies internally.

The heavy machinery used in this line of work can always malfunction and crush the operator and cause serious bodily injury or death. Exercising extreme caution when operating this machinery is vital. 

The most obvious and glaring danger Louisiana highway workers face, however, is a vehicle striking them. While there are likely road signs posted warning all drivers that there are workers present on the road, reduced speed signage, and signage from public safety officials warning drivers of increased penalties for ignoring these signs, this is not always enough to keep drivers from driving recklessly and causing highway worker fatalities.

There is likely a concrete partition between highway workers and active drivers passing through, these concrete partitions only provide so much safety. A driver who has ignored all of the warning signs and is driving too fast through a construction area will still put these workers at serious risk of injury or death. Not only that, but highway workers also have to worry about these drivers being drowsy or distracted which is a whole other issue to account for. 

Workers’ Compensation for Injured Louisiana Highway Workers

Qualifying for Louisiana workers’ compensation benefits will depend on following the regulations put in place by the state for reporting your injury and filing your claim. As a general rule, you should tell your employer about your injury as soon as possible and seek immediate medical attention, even if your injuries do not seem serious to you at first. 

It is not uncommon for your employer’s insurance company to fight your claim and look for any excuse they can find to deny your claim and keep you from receiving the benefits you deserve. That’s why it’s so important to speak with an experienced workers’ compensation lawyer as soon as you can. 

Contact a Louisiana Workers’ Compensation Lawyer Today!

Workplace injuries can happen at any time and can put a heavy burden on you during a time when you need rest and recovery. You shouldn’t have to worry about your finances while you recover from a workplace injury, so let us help you. We have the experience needed to fight these insurance companies in court, and we want you to receive the compensation you deserve.

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

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.

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.

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. 

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.

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.

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.