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Lake Charles Personal Injury Law Blog

Do you still get workers' compensation after returning to work?

When an on-the-job injury means that you can no longer work in Louisiana, you may be given workers' compensation for the time that you miss. These payments will help to make up for any money that you are not getting while you are not working, though it is worth noting that you may only get partial payments, which may not be equal to 100 percent of the money that has been lost.

One of the biggest questions that people have about these payments is when they have to stop. If you go back to work, does that mean the end of the compensation?

Balanced Billing

The Louisiana Supreme Court recently ruled that a person insured under a health insurance plan may assert a private right of action for costs and attorney's fees against any hospital, clinic, or other health care provider that attempts to collect from the patient any amount in excess of the discounted rates for services and any co-payment or deductible. Under the Balance Billing Act, the health care provider must accept the discounted payment for services covered by any applicable health insurance, even if the patient was involved in a motor vehicle or other accident. 

3 types of product liability cases

Several types of product liability cases can arise when individuals are injured by a product. The injuries don't have to come directly from a product defect in order for a case against a manufacturer or another party to be built. Some possible reasons for filing a claim against a manufacturer are included below

A product can be impacted by a defect in manufacturing. The product design itself may be safe, but something happens when the product is being manufactured that causes a dangerous issue. The wrong ingredients, improper welding or use of inappropriate materials are all some things that could go wrong in the manufacturing process. Manufacturer defects could impact a single product; more often, the defect is seen across an entire lot or batch of the product.

The Jones Act protects sailors in Louisiana

When sailors and seaman are on ships for employment, they may face situations that lead to injury or death. While some of these things may be unavoidable, other situations could be traced to negligence on the behalf of the employers. In cases like this in Louisiana, the Jones Act ensures that these seaman are protected, giving them the right to seek necessary compensation. This is similar to how employees in land-based occupations can seek compensation when injured on the job, or how their families can start a suit if the injuries lead to death.

Among other things, the seaman may be able to seek compensation for the following:

Louisiana train and truck collision leaves two injured

If accidents involving large trucks can be catastrophic, the same is even more true for collisions involving the power, weight and speed of a freight train. In one Louisiana town, however, there were no fatalities reported after a train and truck accident that resulted in massive physical damage and at least two injuries.

According to reports, the accident occurred when a truck became stuck on the tracks. Seeing that a train was coming, the driver left the vehicle, so he was not injured. The train derailed after hitting the truck. Two men operating the train experienced injuries.

No charges in fatal Louisiana car accident

A young man in Bossier City, Louisiana, was killed in an accident while going across the Shreveport-Barksdale bridge. This happened back on the 25th of September. The bridge spans the Red River.

The chain of events that led to the accident started when a pickup truck ran out of gasoline. The young man who was killed, along with two other men, started to push the truck over the bridge. Visibility may have been low at this time, seeing as how it was 4:30 in the morning, but some witnesses to the accident have said that the emergency flashers on the pickup were going.

Defective product suits often become class actions

Defective products that cause injury to an individual may lead to unplanned expenses such as medical bills and lost wages. Those unplanned expenses can add up to a lifetime of change for families, which is why some individuals turn to personal injury lawsuits to seek compensation for damages. A personal injury lawsuit can't undo the damage done or bring back a loved one in the case of a wrongful death suit. Lawsuits can, however, help families seek financial stability following tragic circumstances.

One thing many people don't realize is that many product injury cases become class action suits. A class action suit can occur when a number of consumers are impacted negatively by a product. Some examples include illnesses caused by manufactured food, injuries that occur from using defective medical devices or medications that cause side effects.

How do you qualify for Social Security if you're hurt on the job?

If you have recently become disabled because of an on-the-job accident, you may be wondering about your legal rights to Social Security funds in Louisiana. To qualify for these benefits, you must have worked in positions that were covered by Social Security. Also, you must have suffered a disabling workplace accident that results in a condition that conforms to the government's definition of Social Security. You may be entitled to cash benefits if you are unable to go to work for a period of a year or more. Today, we answer some of your questions about Social Security benefits for those who have been injured on the job.

First, what does the Social Security Administration mean when they talk about "disability?"

Child killed in car accident in Louisiana

A common fear that unites parents across the country is the loss of a child. Losing a child in a traumatic accident can leave a family with sudden grief and many questions. When a parent survives a car accident that kills a young child, he or she may experience a number of conflicting emotions.

During a time when grief is intense, it can be difficult to make decisions about things such as insurance settlements or other legal and financial matters. One family in a Louisiana town is dealing with such emotional upheaval following a car accident that occurred at an intersection.

The elements of a lawsuit for a defective product

Consumer products can be deadly. Although you might not think that the hair dryer, lawn mower or backyard pool slide may cause a fatal accident, it is important to recognize that scores of injuries occur in Louisiana every year because of defective products. Victims who have been injured in such incidents may be entitled to compensation through product liability cases, which are often filed because of a product's design defects.

You might be wondering about the definition of a "design defect." Attorneys say that companies are liable when a design defect occurs if there was a predictable risk that was posed by the poorly designed product. Those risks must have been associated with normal, intended use of the product.

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