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Lake Charles Personal Injury Law Blog

Former Saint Sharper suing for workers' compensation

A former player for the New Orleans Saints is attempting to recover financial damages from the Louisiana team after a previously failed attempt to recover workers' compensation. The player, Darren Sharper, contends that the organization owes him tens of thousands of dollars after he suffered a serious knee injury. A judge had previously ruled that the workers' compensation claim had been filed too late and that Sharper did not prove that the injury prematurely ended his football career.

Sharper contends that he suffered a serious injury during a game against the Carolina Panthers in November 2009. He apparently filed the workers' compensation claim more than two years after the incident occurred. Louisiana law requires injured parties to seek legal action within one year of the alleged accident. Further, Sharper apparently played 18 additional games after suffering the initial knee injury.

What rights to safety do workers in Louisiana's oilfield have?

In Louisiana, truck and car accidents are not the only thing that take lives on the roads. An oil tanker crash can injure or kill a number of individuals as well as endanger the environment around the accident. In fact, oil and gas work overall can be dangerous, with accidents occurring from roadways to offshore rigs.

Amid the danger, what rights do workers have when it comes to safethy? According to the Occupational and Health Safety Administration, every worker has the right to a safe workplace. Legally, employers are required to keep workplaces free of known dangers, which include maintaining clean and safe conditions as well as training workers who deal with potentially dangerous products, substances or machinery.

School Board employee gets reduced charge in fatal car accident

Prosecutors in Louisiana have determined that they did not have adequate evidence to charge a St. James Parish councilman with negligent homicide in connection with a collision that happened in September 2013. Instead, the 64-year-old man has entered a "no contest" plea for careless operation of a vehicle in connection with the fatal collision. The car accident, which occurred on Lutcher Avenue, happened when the defendant swerved to avoid a stopped vehicle, crashing head-on into the victim's pickup truck.

The fallout from this minor charge is significantly less severe than the negligent homicide allegations. The defendant, who is a manager for the parish School Board, will pay a modest traffic fine of just $180. He will also be responsible for court fees.

Car and truck accidents possible at railway crossings

Most drivers in Louisiana and other states tend to be especially cautious when driving across or around railroad tracks. Still, according to Louisiana's Operation Lifesaver, fatalities and accidents still occur at railroad crossings on a regular basis. Because it takes about a mile for most trains to come to a full stop after applying the brakes, a train operator is not going to be able to avoid a vehicle that is stuck on or moving over railroad tracks.

Large trucks are particularly at risk for railroad accidents. First, it can take a loaded 18-wheeler rig and trailer more than 15 seconds to get across the tracks at a crossing. That means that trucks should not attempt to cross when a train is visible at any distance. Loaded trucks of any size are also more likely to get stuck when crossing tracks, especially in Louisiana when most railway crossings involves a steep incline on both sides of the tracks.

Uncommon workers' compensation injuries still eligible

Is your workplace considered safe? For all too many Louisiana employees, the answer to that critical question is "No." Workplace accidents take a variety of forms, but the fact remains that the vast majority of these incidents could have been prevented through some simple precautions. Victims of occupational illness or on-the-job injuries may be eligible for financial compensation in connection with their ailments.

Many victims do not realize that their injuries could be included in a workers' compensation claim. In fact, you might be entitled to more money than you think if you were injured on the job! Some of the less-common injurious incidents include workplace violence, which affects workers in a variety of settings. Many retail workers may suffer physical injury because of workplace violence related to theft.

Louisiana boating equipment requirements

Depending on the type of boat being operated in Louisiana waters, there are equipment and safety regulations that must be followed. The Department of Wildlife and Fisheries provides a breakdown of these regulations.

Children under 17 years of age must wear a personal floatation device that is approved by the Coastguard anytime they are on board a vessel that is underway and that vessel measures less than 26 feet in length. This requirement would include both personal watercraft and motorboats, which means children fishing in a small boat with family must wear floatation devices.

Dump truck involved in possible wrongful death incident

Accidents occur throughout Louisiana on a regular basis, and sometimes there are tragic results to those accidents. Individuals involved in truck accidents or other vehicle collisions are often seriously injured or killed. When negligence or fault on the part of a driver or other party can be proven, surviving family members may choose to pursue a wrongful death suit against those potentially at fault in the accident.

Naming someone as a defendant in a wrongful death or personal injury case doesn't require that authorities cited them for an accident or charged them with any sort of criminal activity. Although such information might strengthen a personal injury case, plaintiffs can work with knowledgeable experts to investigate accidents and develop cases.

Defective products can take many forms

Scores of Louisiana residents are harmed or killed every year because of defective products that find their way onto our state's shelves. Such fatal accidents should never occur in the first place -- but what if regulatory restrictions fail, and defective products make their way into the marketplace? Victims of dangerous products should have some legal recourse for obtaining financial compensation in the wake of a consumer injury or wrongful death.

Product liability cases can take many forms. Consider the example of the automobile design defects that launched a massive recall of vehicles throughout the nation in recent months. Louisiana residents may have had insufficient warning about the dangers inherent in certain defective vehicles; as a consequence, many may have suffered serious injury because of a negligent manufacturer. Other examples of hazardous products include dangerous children's toys that may not be designed with safety in mind. Prescription drugs also fall under the purview of a product liability suit.

What is the cost of vehicle crash deaths in Louisiana?

The cost of a car accident can be counted in both monetary and non-monetary considerations. Monetarily, there is the cost of fixing damage to personal property, including vehicles damaged in an automobile crash. Medical bills or other related expenses may also be considered, as well as lost wages due to injuries.

Non-monetary costs are harder to define, but do exist. Individuals who are injured can suffer emotional pain and distress related to the accident, especially if injuries include something such as dismemberment or disfigurement. Families who lose a loved one to a fatal car accident suffer grief, loss of companionship and other issues that don't correlate exactly to expenses.

Charges filed in deadly ejection car accident on Interstate 10

A tragic collision in LaPlace, Louisiana, left a 31-year-old Mississippi man dead. The early morning collision occurred on Interstate 10 near the exit for Belle Terre, according to official reports. Authorities say that the driver responsible for the car accident may have been intoxicated at the time of the crash.

The driver of the vehicle was apparently driving east on the interstate near mile marker 205 when he lost control of his vehicle and struck the left-hand guardrail. This caused the car to plow across both lanes of traffic, striking the guardrail on the other side. The vehicle spun so violently that the decedent was ejected onto the roadway, where he was struck by another vehicle. The driver suffered minor injuries in the crash, also, but he refused medical treatment.

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