workplace injuries | Lunsford, Baskin & Priebe PLLC https://www.lunsfordbaskin.com Thu, 09 Jun 2022 18:52:24 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 https://www.lunsfordbaskin.com/wp-content/uploads/2021/08/cropped-Logo-32x32.jpg workplace injuries | Lunsford, Baskin & Priebe PLLC https://www.lunsfordbaskin.com 32 32 Stress and Anxiety and Mississippi Workers’ Compensation https://www.lunsfordbaskin.com/stress-and-anxiety-and-mississippi-workers-compensation/ Tue, 31 May 2022 19:29:27 +0000 https://www.lunsfordbaskin.com/?p=3177 Read More »]]> When discussing workers’ compensation, most people think of the physical injuries or illnesses they can sustain on the job that would result in them needing to file for benefits. However, mental health issues and stress can be just as much of a threat and require medical care and time off work.

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. 

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Louisiana Highway Workers at Risk for Serious Injury and Highway Worker Fatalities https://www.lunsfordbaskin.com/louisiana-highway-workers-at-risk-for-serious-injury-and-highway-worker-fatalities/ Tue, 31 May 2022 14:51:27 +0000 https://www.lunsfordbaskin.com/?p=3185 Read More »]]> Suffice to say that highway workers and road construction crews have a very dangerous job. Not only is the work itself dangerous as workers must operate heavy machinery, but standing near a highway of fast-moving cars creates a unique hazard that can even be fatal. 

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.

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Pursuing a Lung Disease Workers’ Compensation Claim https://www.lunsfordbaskin.com/pursuing-a-lung-disease-workers-compensation-claim/ Mon, 23 May 2022 16:38:15 +0000 https://www.lunsfordbaskin.com/?p=3157 Read More »]]> A healthy respiratory system is critical for a person’s overall well-being. Unfortunately, those working in certain industries often develop lung and respiratory diseases as a direct result of their work and work environment.

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.

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The Most Common Maritime Injury That Is Caused at Work in Louisiana https://www.lunsfordbaskin.com/the-most-common-maritime-injury-that-is-caused-at-work-in-louisiana/ Wed, 18 May 2022 07:26:18 +0000 https://www.lunsfordbaskin.com/?p=3132 Read More »]]> Many different professions pose hazards for the workers within their respective industries. Maritime workers in Louisiana are among these dangerous professions. Due to the nature of their profession, these workers employed on one of Louisiana’s many inland ports and waterways are regularly exposed to working conditions that pose a serious risk to their health. 

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.

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Is There Workers’ Compensation for Roofing Contractors? https://www.lunsfordbaskin.com/is-there-workers-compensation-for-roofing-contractors/ Mon, 09 May 2022 18:27:22 +0000 https://www.lunsfordbaskin.com/?p=3110 Read More »]]> It’s fairly common knowledge that construction jobs come with certain dangers and workplace hazards. In fact, according to The United States Bureau of Labor Statistics, roofers have one of the highest rates of workplace injuries and illnesses of any occupation, as well as the highest rates of occupational fatalities. 

There are several obvious reasons why working as a roofing contractor can be dangerous, but none that justify the high level of workplace fatalities within the field. As a roofer, you face dangers every day while performing your job, so if you have sustained a workplace injury, you may be entitled to workers’ compensation benefits for roofing contractors. Contact us today to find out how we can help advocate for you and make sure you receive the compensation you deserve.

Causes of Roofing Accidents

According to OSHA, falls consistently account for the greatest number of fatalities in the construction industry. Several things may contribute to roofing accidents and falls. Human error, failure to use protective equipment, and unstable working surfaces are all common contributing factors. Most of the time, roofing accidents occur because of the following:

  • Lack of safety equipment
  • Lack of proper training
  • OSHA violations
  • Failure to follow safety procedures
  • Negligence such as being intoxicated on the job
  • Manufacturer defects
  • Insufficient lighting
  • Electrocution
  • Structural or ladder collapse

OSHA has implemented safety precautions to prevent the common occurrence of construction injuries, but too often employers will cut corners for the sake of profit. By doing this, employers put their construction workers at unnecessary risk. The OSHA regulations that employers are supposed to follow include:

  • Covering floor holes
  • Using aerial lifts or elevated platforms to provide safer working surfaces
  • Using guardrail systems with toeboards and warning lines
  • Installing control line systems to protect workers near the edges of roofs
  • Using safety nets or body harnesses

Common Injuries 

According to OSHA statistics, falls are the leading cause of construction site accidents and account for 31% of all construction fatalities. Workers on scaffoldings, ladders, or roofs more than 6 feet above the ground are at the greatest risk for serious injury or death. Many other factors may play a role in roofing accidents, but the most common injuries roofing contractors sustain include:

When Can You File for Workers’ Comp?

In all states, workers’ compensation covers job-related injuries for roofers. However, in a small number of states, you may be able to claim benefits for non-job-related injuries. Whether you were injured on the job or you sustained an injury that keeps you from working, you should speak with a lawyer as soon as possible to find out what your options are.

Injured roofers can seek compensation regardless of where on their body they were injured. In almost every state, the process of claiming workers’ comp starts with notifying your employer of your injury. Time is of the essence in these cases, because most states have a time limit on when you must file a claim. To avoid letting your workers’ comp benefits expire, speak with an experienced attorney as soon as you can. 

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 for roofing contractors, and we have years of experience helping Mississippians receive the workers’ compensation they deserved. Call our office at 504-788-2994, or schedule a free case evaluation by clicking here.

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Chemical Exposure and Workers’ Compensation in Louisiana https://www.lunsfordbaskin.com/chemical-exposure-and-workers-compensation-in-louisiana/ Fri, 06 May 2022 05:20:29 +0000 https://www.lunsfordbaskin.com/?p=3100 Read More »]]> When a worker becomes ill due to exposure to toxic and hazardous chemicals in the workplace, they have a right to file a workers’ compensation claim. Chemical exposure can lead to severe health issues, many of which can result in long-term damage. So it’s essential for workers to successfully file a claim to ensure they get the benefits they need. 

If you have questions about chemical exposure in the workplace or need help filing a claim, our Louisiana workers’ compensation lawyers can help. We specialize in workers’ compensation law and know what it takes to help injured, and ill workers get the full amount of benefits they deserve. 

What Is Chemical Exposure?

Typically, humans come into contact with chemicals every day, both directly and indirectly. There are chemicals in just about everything. However, chemical exposure specifically refers to a person coming into contact with such a high amount that it causes them to become ill or sustain an injury. This can happen from a single exposure to an extremely toxic and hazardous chemical, or it can result from prolonged exposure over a period of time. 

How Does Chemical Exposure Occur?

As chemicals are all around us in so many different things that we come into contact with, exposure can happen just about anywhere, including school, home, work, or in a commercial or public space. 

The workplace, however, is generally where exposure to some of the worst chemicals and hazardous materials occurs. The top industries for chemical exposure include:

  • Manufacturing plants
  • Industrial plants
  • Agriculture
  • Oil and gas extraction
  • Petrochemical plants
  • Waste sites
  • Refineries
  • Pest extermination
  • Construction sites
  • Maritime and shipyards
  • Chemical labs

Those who work in these fields and industries can become sick or injured from chemical exposure through skin or eye absorption, inhalation, ingestions, and accidental injection. 

Most Dangerous Hazardous Materials and Chemicals

Depending on the industry, there are numerous chemicals and toxic materials that can result in chemical exposure injuries and illnesses. Some of the worst chemicals and hazardous materials include:

  • Polycyclic aromatic hydrocarbons (PAHs) – gasoline, petrol, crude oil
  • Fiberglass and styrene – resins, gelcoats, reinforced plastics
  • Asbestos – insulation
  • Radon – rock and soil
  • Hydrochloric acid-neutralizing agent in food, textile, metal, and rubber industries
  • Cadmium – batteries
  • Benzene – degreasers
  • Carbon monoxide – engine exhaust
  • Nitrates – fertilizers
  • Methylene Chloride – auto part cleaners, paint removers
  • Arsenic – pressure treated wood
  • Cyanide – rat poison
  • Nickel – cement
  • Chromium – paints, industrial production

What Are the Signs and Symptoms of Chemical Exposure?

Exposure to chemicals and toxic materials can result in a variety of symptoms and illnesses depending on the exact substance, how contact was made, and the duration of exposure. Generally, the longer someone is exposed to a chemical, the more severe and long-term their illness will be. However, immediate and single exposures can also cause severe and life-threatening injuries and illnesses. 

Some of the common signs and symptoms of chemical exposure in the workplace include:

  • Dizziness
  • Headaches
  • Weakness
  • Chest pain
  • Chronic cough
  • Loss of consciousness
  • Eye pain
  • Muscle fatigue and twitching
  • Vomiting
  • Convulsions and seizures
  • Pulmonary edema
  • Respiratory failure
  • Wheezing and shortness of breath
  • Redness and blistering skin
  • Detachment of upper skin layers
  • Slow wound healing
  • Immune deficiency
  • Asphyxiation
  • Arrhythmias
  • Stinging and burning in eyes or skin

Is Chemical Exposure Covered By Workers’ Compensation?

Chemical exposure is covered by workers’ compensation. However, there are cases where chemical exposure can be difficult to prove. Some symptoms of chemical exposure are not immediately apparent and only become so after long-term exposure. The problem is that workers’ comp claims are most successful when filed as soon as the injury or illness occurs. 

So, if an illness or symptom does not appear until a year or two after exposure, it can sometimes be difficult to prove that the illness or symptoms are the result of workplace chemical exposure and not from something else. This is why it is crucial to work with an attorney. 

Workers’ compensation attorneys know the challenges of providing sufficient medical evidence to prove that an injury or illness is work-related. They can guide you through your case and ensure the insurance company approves your claim for the full amount of benefits you deserve. 

Connect With an Experienced Louisiana Workers’ Compensation Attorney

Though proving chemical exposure is not always easy, it is not impossible. Our team has experience handling a number of cases involving chemical exposure. We are dedicated to helping our clients get the benefits they deserve. 

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

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Workers’ Compensation For Truck Drivers https://www.lunsfordbaskin.com/workers-compensation-for-truck-drivers/ Tue, 19 Apr 2022 18:53:34 +0000 https://www.lunsfordbaskin.com/?p=3048 Read More »]]> According to the FMCSA, there are 2,060 accidents every year involving semi-trucks, 18-wheelers, and other large commercial vehicles. In addition to potentially fatal car accidents, truck operators also regularly face occupational hazards that can cause serious physical harm. Motor vehicle accidents are a leading cause of death in the United States, so it only makes sense that truck drivers should receive workers’ compensation for occupational injuries they sustain on the job.

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.

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Can I Get Workers’ Compensation If I Suffered a Burn Injury at Work? https://www.lunsfordbaskin.com/can-i-get-workers-compensation-if-i-suffered-a-burn-injury-at-work/ Mon, 18 Apr 2022 17:09:27 +0000 https://www.lunsfordbaskin.com/?p=3044 Read More »]]> Burn injuries are common in the workplace, especially in Mississippi. These injuries are incredibly painful, and they frequently require employees to undergo expensive medical treatments and take time away from work. The US Bureau of Labor Statistics noted that there are around 20,100 workplace burn injuries every year that require employees to take a recovery period away from work.

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.

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What Happens If You Are Laid Off While Receiving Workers’ Compensation https://www.lunsfordbaskin.com/what-happens-if-you-are-laid-off-while-receiving-workers-compensation/ Tue, 12 Apr 2022 15:49:38 +0000 https://www.lunsfordbaskin.com/?p=3020 Read More »]]> Receiving workers’ compensation benefits is extremely important for anyone who has sustained a workplace injury. Workers’ compensation is a type of insurance most employers are required to carry that allows people to take time at home or in the hospital to recover without having to worry about their finances.

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.

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What Should I Do If My Workers’ Comp Benefits Are Not Getting Authorized? https://www.lunsfordbaskin.com/what-should-i-do-if-my-workers-comp-benefits-are-not-getting-authorized/ Thu, 07 Apr 2022 16:58:48 +0000 https://www.lunsfordbaskin.com/?p=3012 Read More »]]> Workers’ compensation was created for the purpose of helping you pay for medical expenses in the event that you are injured on the job. Workplace injuries can be quite serious and almost always require some kind of medical treatment which will certainly be expensive, so receiving this compensation can save you from a world of financial hurt. In these situations, time is of the essence. The goal is to get your life back to normal so that you can return to work, so the quicker you receive compensation and medical treatment, the sooner you can recover and return to a sense of normalcy.

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.

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