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how much can someone sue for a car accident

August 14, 2020 in Car Accident, Concerns, Personal Injury

Can Someone Sue You For A Car Accident?

Each year, an estimated 37,000 people die in car accidents.  An additional 2.35 million sustain injuries.  While some accidents are truly unavoidable, a large number occur through another driver’s negligence, leading to personal injury claims.  In many instances, the question “Can someone sue you for a car accident?” arises.  The following information serves to help explain the processes associated with car accident lawsuits.

Being Sued for a Car Accident?: Personal Injury Victims

Regarding car accidents, people usually end up suing for negligence.  Negligence is often the basis of a personal injury claim. This means that a failure to exercise a reasonable level of care considering the specific circumstances occurred. This is typically what people need to determine when asking “can someone sue me for a car accident?”

For example, negligence means Driver 1 fails to use reasonable care, causing Driver 2 harm. Driver 2 can then file a lawsuit alleging Driver 1’s negligence. Examples of legal grounds for negligence include failure to comply with driving laws, texting while driving, and failure to keep a safe distance.

Insurance companies use many methods when determining the value of personal injury claims.  Basis for the amount of damages someone sues for is what the other party lost.  This includes monetary losses and emotional damages. Compensation for the medical bills provided, as well as lost wages, and possibly some amount of compensation for pain and suffering factor into the size of the claim.

 Pain and suffering refers to physical and/or emotional stress associated with an accident.  It also includes the injuries caused by the car accident. “Pain and suffering” is a subjective term, leaving a great deal up to interpretation.  When the accident is minor, pain and suffering is especially difficult to prove.

What are the Car Insurance Requirements for Louisiana?

The State of Louisiana requires all vehicle owners to maintain minimum liability insurance.  Those coverage minimums include:

  • Bodily Injury or death of one person in an accident caused by the driver of the insured vehicle – $15,000
  • Total Bodily Injury or death liability in an accident caused by the driver of the insured vehicle – $30,000
  • Property damage per accident caused by the driver of the insured vehicle – $25,000

Medical treatment, damage to property, and other costs to individuals involved in accidents are paid for by these coverages.  The amount typically allocated to individuals falls within coverage limits.  In the event additional costs, additional coverage covers the balance.

If coverage limits do not pay the entirety of associated bills, at-fault individuals hold responsibility for remaining balances.  Any extra coverage helps offset these unwanted expenses. 

Liability coverage also covers family members or friends behind the wheel, as well as damage following rental car accidents.

The coverages listed above do not apply to the driver’s own damages or injuries.  Additional coverage, such as collision coverage or uninsured motorist coverage, serve the purposes of filling these gaps.  Collision coverage pays for repairs/replacements to damaged vehicles.  

Uninsured motorist coverage provides coverage in the event that you have an accident with an individual without insurance.  This insurance coverage also covers hit-and-run accidents.  

Keep in mind insurance coverage requirements when deciding how much to carry. 

Louisiana Penalties for Driving Without Insurance

Driving without insurance in Louisiana comes with the imposing of fines.  Fines for driving without insurance can reach up to $1000.   Other penalties include the suspension of driving privileges and license plate cancellation..  It is not uncommon in some cases for vehicle impounding or registration revocation to occur.

A “No Pay, No Play” law  prohibits uninsured Louisiana drivers from collecting damages following an accident.  The first $25,000 in property damages and the first $15,000 in personal injury damages fall into these amounts.

Can I Be Sued For A Car Accident If There Is No Injury?

You can be sued for a car accident even if there is no injury.  Claims filed can attempt to recover damages as result of property damage and emotional distress.

What Determines Fault For A Car Accident in Louisiana?

In Louisiana, each driver in an accident is responsible for the relative liability or percentage of fault.  This is known as a “pure comparative negligence” standard. 

Someone injured or dealing with property damage can still recover damages even if they were still partially at fault for the cause of the accident.  Your level of compensation is reduced by the amount or percentage of fault you are assigned.

For example, if you suffered $10,000 in damages from an accident and the court determines that you were 40% at fault for the accident and the defendant was 60% liable, the defendant will be responsible for paying you $6,000 in damages.

Defendants can use pure comparative negligence standards for calculating damages as a defense argument. In cases dealing with accidents involving multiple defendants and vehicles, pure comparative negligence is especially relevant.

Can Someone Sue Me For A Car Accident If There Isn’t a Police Report?

The short answer is yes.  Someone can sue you without a completed and filed police report.  Ideally, police file a written account of the accident. The possibility of a situation where the police do not come to the scene always remains.  A lack of a police report isn’t a get out of jail free card, so to speak.  You may file a claim with or without an official police report.  

Keep in mind, police reports serve as official documentation of the incident.  Without one, the burden of proof weighs more heavily on the other information presented in the claim.

How Much Can Someone Sue For A Car Accident?

Louisiana does not place a limit on the amount of damages plaintiffs can recover from at-fault defendants following motor-vehicle accidents. Claims brought in small claims court are an exception to this.  Small claims court claims must fall below the $3,000 threshold.

Insurance providers for the at-fault parties will typically pay claims up to the limitations of the policies.  

Injured parties can file a lawsuit against the at-fault parties for recovery of any remaining damages. The amount of the plaintiff’s recovery will be reduced by the plaintiff’s fault percentage of causing or contributing to the accident. 

Generally, policy limits tend to dictate the amount that claims settle for.  Additional amounts rarely get assigned outside of the policy coverage.  Instances of additional damages usually only occur in cases with easily-liquidated assets in the defendant’s possession.

Despite this fact, it is probably in an individual’s best interest to ensure that they have some form of counsel when facing a personal injury claim.

What To Do if Someone Sues You For a Car Accident?

The benefits of consulting with a personal injury lawyer after your involvement in a car accident far outweigh the limited savings associated with self-representation.  A trained, experienced attorney can work with insurance companies and protect your interests as a client.  The seasoned team at Gordon & Gordon have the skills to handle these issues.  They also have a track record of delivering results for their clients when faced with legal uncertainty.

Involved In A Car Accident? Contact Gordon & Gordon, Personal Injury Attorneys

If you find yourself being sued as a result of a car accident, contact Gordon & Gordon today.  Our trained professionals will provide a free case consultation and help you determine the best course of action.  Protect your rights.  Call Gordon & Gordon at (318) 716-HELP or visit us at our website.

non-injury car accident

July 24, 2020 in Car Accident, Concerns, Personal Injury

What To Do After A Non-injury Car Accident

Each year, an average of 6 million car accidents occur within the United States. Roughly 3 million of those accidents involve injuries.  Out of those 6 million accidents, 72% result in some form of property damage.  That’s almost 12,000 car accidents each day involving property damage.  With numbers that high, it can be surprising to find out that the process for handling a non-injury car accident is unclear.

What to do after a non-injury car accident

With this guide, you’ll have the ability to make sound decisions and take constructive courses of action should you ever find yourself in a non-injury car accident.

What is a non-injury car accident?

A non-injury car accident is an accident in which there are no physical injuries to either party involved.  There can still be property damage during an accident and still be considered “non-injury.”

What is the first thing I should do after a non-injury car accident?

After a car accident, there are steps you can take to ensure you’re putting yourself in an advantageous position.  The first thing you should do whenever involved in a car accident is check yourself and passengers for their condition.  Once you’ve assessed that, your next immediate goal should be to get to a safe area.  If the vehicle isn’t damaged and can operate safely, it should be moved to the side of the road.  

Should I call the police if my accident was minor?

Even with no damage or injury involved, attorneys recommend that you report an accident to the police.  This serves as an official report. It also bolsters the record of events in the likelihood the incident makes its way to courtroom proceedings.  

Under Louisiana law, if the accident results in any injury or damage to property in excess of $500, local law enforcement must be identified by the “quickest means of communication.”  Louisiana State Police must also be notified if the accident occurred on a state highway.

If the accident results in injury or damage to property in excess of $100, the Department of Public Safety and Corrections requires you to file a written report within 24 hours.

Where can I get a copy of the accident report?

You can search the Louisiana State Police website for a copy of the accident report.  In order to search for the crash report you must have the name of the driver involved in the crash (first and last name), parish that the crash occurred in, and crash date.

Are negligence and liability the same thing in car accidents?

Negligence is a legal theory used to define behavior considered careless or thoughtless in nature.  Injury or harm to another person may have occurred as a result of the negligent behavior.  To determine negligence, the person must have failed to do something, such as yielding for a pedestrian, or because they did something that they should not, i.e. speeding or rolling past a stop sign.  Drivers are under the responsibility to exercise care and caution to prevent injury to others that they may encounter while driving.

Liability is the determination of what the responsible party “at fault” must owe in order to compensate the other party for their negligence.

Common causes of car accidents

Countless factors cause car accidents.  Some of the most common causes include:

Distracted driving

According to the American Automobile Association, upwards of 50% of motor vehicle crashes can be related to distracted driving.  Texting and cell phone usage is the primary concern in these instances.  In a recent study of 100 million cell phone users, up to 85% admitted to using their cell phone while driving.  Studies have also shown that using a cell phone while driving increases the risk of an accident by 400%.

Driving under the influence

Roughly one-third of all fatal car accidents in the United States happen as a result of someone driving while under the influence.  Even if someone isn’t considered over the legal limit, crashes are still frequent.  1,878 people were killed in 2018 in alcohol-related crashes where the drivers had lower alcohol levels (BACs .01-.07).

Speeding

Speeding, regardless of the reason, is a huge contributor to the total number of car accidents in the country.  This is not limited to driving faster than the posted speed limit, but also includes driving too fast for the weather or road conditions.

Bad Weather Conditions

Inclement Weather has a major effect on traffic patterns and the ability for many people to effectively operate their vehicle.  

Fatigue

Whenever a driver is tired, their ability to remain alert and practice safe driving techniques is hindered.  

Aggressive driving

Aggressive driving plays a contributing factor in over half of all car accidents throughout the country.  The following items fall into the category considered “aggressive driving”:

  • Following improperly
  • Improper or erratic lane changing
  • Illegal driving on road shoulder, in ditch, or on sidewalk or median
  • Passing where prohibited
  • Failing to yield right of way
  • Failure to obey traffic signs, traffic control devices, or traffic officers, failure to observe safety zone traffic laws
  • Failure to observe warnings or instructions on vehicle displaying them
  • Failing to signal
  • Racing
  • Making an improper turn

Can I sue after a non-injury car accident?

Even if do not find yourself injured, you can still pursue compensation for damages and expenses related to a car accident.

What non-injury damages can I recover?

You can recover damages for car repairs or other expenses related to the car accident.

How much is a car accident settlement?

The typical settlement depends on the facts of the case and the degree to which the insurance companies and other negligent parties are willing to reach a settlement.  The proper representation determines the size and scope of any settlement you reach.

Is it worth getting a lawyer for a car accident?

In order to fully protect yourself and ensure you receive the amount of compensation, hiring a lawyer to assist you in your car accident case remains almost always worth it in the long run.  Attempting to navigate the legal process alone can add stress and confusion to what is by its very nature a disruptive and taxing experience.  A proven attorney can help ease that burden.

When should I call an attorney after an accident?

Once the necessary reporting to the insurance companies and authorities has taken place, contacting an attorney as soon as possible is a good idea.  Having a professional involved that is experienced in handling accident claims can prevent any unforeseen complications.

Benefits of hiring an non-injury car accident attorney

Hiring a trusted attorney can help you with your accident case in many ways.  Whether it is dealing with the insurance companies, proving the other parties’ liability, building a strong, evidence-based case, or appropriately valuing your claim, a lawyer can take a lot of the guesswork out of the experience for you and help you protect your rights.

Call Gordon and Gordon today

While a non-injury accident may seem like a minor disruption, there are possible potholes that a qualified, experienced attorney can help you avoid.  Contact the offices of Gordon and Gordon today for a consultation and see how they can help you on the road to recovery. Call 318-617-HELP for a free consultation.

WORK ACCIDENTS LAWYERS

July 24, 2020 in Personal Injury, Workers Compensation

Work Accidents Lawyers

Each day, millions of Americans leave their homes for work. When they arrive, they have the right to operate within a safe environment free of unnecessary hazards.  Despite the regulations and best intentions of employers, workplace accidents are still common. According to the most recent report for the Bureau of Labor Statistics, there were roughly 2.8 million non-fatal work accidents in the United States. Out of these work accidents, employees spent a median number of 8 days away from work for recovery.

Regardless of the severity of any work-related injury, employees are entitled to receive the appropriate care and compensation.  This is typically covered in some form by workers’ compensation insurance. There are occasions where workers’ compensation falls short and does not cover the full extent of lost wages or earning potential. In those cases, the pursuit of a claim against the responsible negligent party may be appropriate. Work accidents lawyers are invaluable in these cases.

What are some common causes of work accidents?

Common causes for injury within the workplace, the three most common types of injuries are sprains/strains/tears, soreness/pain, or cuts/lacerations. While these types of injuries can initially appear minor, there are instances where symptoms do not develop immediately and instead show reason for concern at a later date. Most commonly, workplace injuries occur within the construction, manufacturing, transportation, maintenance, and service industries.

Work accidents can happen for any number of reasons, but typically the causes trace back in some way to:

  • Inadequate training
  • insufficient staffing
  • improper or insufficient safety gear
  • Poorly maintained equipment or machinery
  • OSHA violations
  • Falling objects
  • Chemical or hazardous material exposure

What are my rights if I get injured at work?

You have a legal right to file a workers compensation claim with your employer whenever injured on the job. This also depends on if they are carrying workers’ compensation insurance, which most employers in high-risk industries do. In addition to the workers’ compensation claim, you have the right to file a work accident or injury lawsuit against someone involved with your injury, such as the business owner, contractor, or another employee.

Who is at fault for a workplace injury?

There are several factors that go into determining who is ultimately at fault for a workplace injury, but prior to any incident your employer has a duty of care to foster a safe environment for you to carry out the required duties of your job. Often when an employer is negligent in providing a safe environment through subpar hiring practices, poor training, inadequate training, they can be found at fault for the resulting injuries following their negligence.

Who is liable for work accidents?

When determining the party at fault for a workplace injury or workplace accident, many factors can be at play.  The employers themselves can be the responsible party.  A third-party designer or manufacturer may share the blame for the accident. Even another person faces liability if shown to have exercised negligence leading to the injury. In these cases, a third-party claim is filed outside of the normal workers’ compensation arena and instead settled in civil courts on the state or federal level. 

What should I do if I get injured at work?

If you are in the unfortunate situation of experiencing an injury while on the job, you should stop working immediately and report the injury to a supervisor.  You may also need to seek medical treatment based on the accident or injury. You are not under any obligation to give a formal written statement to your employer without first speaking with a work accidents lawyer.

Once you are able, you should document the events surrounding the accident in as much detail as possible. A strong written account of the event while it is still fresh can be beneficial during any future claims or litigation. Taking pictures of the worksite and any relevant surroundings is also a good idea. You want to help paint the clearest picture possible. It is important to find any information pointing to the root cause of the injury and determine who is ultimately at fault for the injury.

How long do I have to report a workplace injury?

In the state of Louisiana, you have a statute of limitations of one year to file a workers’ compensation claim.  You must report the initial workp[lace accident or injury to your employer immediately.

Do I have to see a doctor that my employer chooses?

Your employer has the right to designate a physician for you after your workplace injury.

When should I hire a work accidents lawyer?

Utilizing the expertise of an experienced workplace accident attorney can prove to be critical in protecting your worker’s rights. Obtaining quality representation at the outset of the process is an excellent first step in protecting your best interests. The attorneys at Gordon and Gordon are here to help you ensure that the compensation for your injuries is fair.

Do I have to leave my job if I hire a workplace accident lawyer?

You are under no legal obligation to leave your place of employment.  

How much does a workplace accident lawyer cost?

While the cost of litigation depends on many factors, hiring a skilled work accidents lawyer should not cost you anything.  At Gordon and Gordon, workers’ compensation and injury claims are taken on a contingency fee basis.

Will hiring an work accidents lawyer affect my workers’ compensation benefits?

It is possible you are required to pay some of your workers’ compensation benefits back if you receive a settlement.  Any settlement could also affect your SSD benefits.  This is something to discuss with the attorneys at Gordon and Gordon.

Contact Gordon and Gordon today if you or someone you know has suffered a workplace injury

If you or someone you know has been the victim of an injury or accident within the workplace, please contact the work accidents lawyers at Gordon and Gordon. Call us at 318-716-HELP or send us an email.  Our firm accepts inquiries 24 hours a day, 7 days a week.

AVERAGE WORKERS COMP SETTLEMENT FOR BACK INJURY

June 18, 2020 in Personal Injury, Workers Compensation

Average Workers Comp Settlement for Back Injury Claims

Do you know what the average workers comp settlement for back injury is?

Back injuries are some of the most common work injuries, especially for jobs with high volumes of manual labor. We get a lot of questions about the average workers comp settlement for back injury claims.

If you have a back injury in Louisiana, the average workers comp settlement for back injury claims is probably only one in a long list of questions. Back injuries can be devastating, especially if they permanently affect your ability to work. 

Getting a worker’s comp attorney as soon as possible is crucial. In this post, worker’s comp attorneys at Gordon & Gordon will talk about the average workers comp settlement for back injury. We’ll answer some questions about back injury claims, and how a worker’s comp attorney can help.

What is a Worker’s Comp Settlement?

Some people can be confused on exactly what it means to accept a lump sum settlement in a worker’s comp claim. 

The idea behind worker’s comp is that you would not have sustained the injury without being in the course of your duties at work. Because of this, your employer’s worker’s comp insurance will help you support yourself and your family while you are out with your injury. 

With many worker’s comp claims, your employer’s worker’s comp insurance will pay you a weekly amount until you’re ready to return to work in some capacity. This amount will help cover your medical expenses and lost wages.

That’s simplifying it quite a lot; things can become complicated when worker’s injuries are very severe. Things can also become complicated if the worker can return to work, but must transition to a different job that pays less, or with fewer hours. 

When you accept a lump sum settlement, you accept a single, large payment rather than multiple smaller weekly payments. 

Insurance companies may offer this option if they think they will pay out less in a single lump sum now rather than continuing weekly payments. After all, it is an insurance companies job to take in more money in premiums than they pay out in claims. 

It’s always best to consult with an attorney before accepting a settlement to ensure it is what’s best for your situation.  

What is the Average Workers Comp Settlement For Back Injury Claims?

The first thing you should know about the average workers comp settlement for back injury claims is that there isn’t a specific number, in any case. Every case and every claim is going to be different. 

Settlements depend on a few different factors. Like we mentioned earlier, insurance companies are businesses just like anything else. It is their job to take in more money than they are putting out. An insurance company will evaluate your claim, and if they believe that paying you a certain amount of money now will save them more money in the long run, they will offer a settlement. 

This is why it’s so important to consult with a worker’s comp attorney who can help you negotiate your settlement. 

In the end, offering and accepting a worker’s comp settlement is a financial decision on both ends. It has to make sense for both the insurance company and for the employee in question. 

Below, we’ll talk about a few things you should consider when evaluating the settlement the insurance company is offering you. 

What Should I Consider Before Accepting a Workers Comp Settlement?

Back injuries can be very serious, and can affect us for the rest of our lives. There is no average workers comp settlement for back injury claims, so it’s difficult to give you a threshold at which you should or shouldn’t accept a claim.

What we can tell you are the things you should be sure to consider when you are evaluating a settlement. 

First of all, you should consider future medical treatments. Medical treatments could include physical therapy, injections, and prescription medications. Some workers with back injuries may need surgery like a discectomy or spinal fusion. These treatments aren’t cheap. You should consider whether you think you will need these treatments when you’re looking at a possible settlement. 

You should also think about the wage loss. Wage loss benefits encompass 80% of an employee’s after-tax weekly wage. Insurance companies will pay weekly checks indefinitely, but they can offset this amount starting at age 65. Think about what your weekly wage loss check will be for the duration of your recovery, and make sure the settlement you accept takes care of your wage losses. 

Watch out for IME Doctors 

There is no average workers comp settlement for back injury claims, but there are plenty of ways you may possibly get less than you deserve.

When you sustain an injury at work in Louisiana, your employer’s insurance company gets to pick the doctor you see. This is an independent medical exam, or IME doctor. 

Some IME doctors may tell you that your back injuries are merely the result of aging. This is especially true if your diagnosis is a herniated disc, disc protrusion, or a pinched nerve. 

It’s also important to remember that preexisting conditions are not a basis for a dispute. Just because you had back trouble before the work injury doesn’t mean the work injury did not contribute to your inability to work. If the work injury changes your underlying pathology, you are eligible for a workers comp settlement. 

How Do I Maximize Settlement Value?

Though there is still no average workers comp settlement for back injury claims, there are things you can do maximize your settlement value. 

An experienced attorney can maximize the value of a settlement by using medical opinions to prove how long the employee will be unable to work. 

Contact Gordon & Gordon

If you have questions about the average workers comp settlement for back injury claims, call Gordon & Gordon at 318.716.HELP. Our experienced attorneys can walk you through the entire process of your claim, and help ensure you get the benefits you deserve. You can also leave us a message on our website.

head injury compensation claim

March 9, 2020 in Personal Injury, Workers Compensation

Head Injury Compensation in Louisiana

What do you know about head injury compensation?

Each and every head injury is unique. They range in severity from minor bruising, to a concussion, and all the way to a fractured skull or brain injury. But even a minor head injury can have long-lasting effects on a person: they might suffer headaches, vision problems, or dizziness. The most serious headaches may cause permanent disability or even death.

The cause of a head injury could be any kind of accident, including road accidents and accidents at work. 

In this post, our personal injury and worker’s compensation attorneys at Gordon & Gordon will discuss the different types of head injuries, how they can occur, and how they can help their clients obtain head injury compensation.

How Do I Know If I Am Eligible For Head Injury Compensation? 

Unfortunately, not all injuries are eligible for head injury compensation. The best way to know if you are eligible to receive head injury compensation is to speak with an experienced personal injury attorney. 

However, there are a few elements of eligible head injury cases that we can talk about. 

For instance, in order to be eligible for head injury compensation through personal injury, your injury has to be someone else’s fault. 

In the legal sense, fault is a slippery thing. To prove that someone else was at fault for your injury, we have to prove that someone else had a duty of care that they ignored and that this behavior resulted in your injury. We’ll describe some in-depth examples below. 

Second, we have to prove that your injury materially affected your life in a negative way. This is usually relatively easy: it’s simple to prove that you had to miss work. It’s also easy to prove that you accrued medical bills. All of these factors, plus others, will come together to form a number of damages you can ask for from the at-fault party. 

The concept of fault is only applicable in personal injury cases. The worker’s compensation claims are a little different. 

Should I File A Personal Injury or Worker’s Compensation Claim?

As we mentioned earlier, a head injury can occur anywhere. It can happen at work or in your private life. 

If your head injury occurs at work, a worker’s compensation claim will probably be your best bet. But you may still be eligible for head injury compensation through worker’s comp even if your injury does not occur at work. For instance, if you were carrying out your work duties and get into a car accident, you are probably eligible for worker’s compensation benefits.

The biggest difference between a worker’s compensation claim and a personal injury claim is that we base personal injury claims on fault. In order to receive head injury compensation through a personal injury claim, your injury has to be someone else’s fault. In a worker’s compensation claim, your injury just has to occur while you’re working. 

Again, the best way to know for sure what kind of claim you should file is to contact an experienced attorney and discuss your case with them.    

What Are Some Examples of Head Injury Claims?

Here, we’ve compiled a short list of hypothetical scenarios where the victim would qualify for head injury compensation. We’ll also discuss whether or not the client should file a worker’s comp claim or a personal injury claim, and why.

A Head Injury At Work

The victim of this particular head injury is at work at the time of his accident. During the course of his job inspecting deliveries for a hospital, an iron bar strikes the client on the back of the head. 

The client immediately suffers from dizziness, nausea, and blurred vision. He has to cut back his hours at work because he continues to experience painful headaches. The client also has a hard time concentrating. He finds himself unable to do his previous job or any other job with his employer. 

Additionally, the client experiences rapid mood swings and other out-of-character behavior. He relies heavily on anti-depressants and anxiety medications.

This client has grounds for head injury compensation through worker’s comp, for the rest of his life. This scenario highlights the need to always consider the long term prognosis because this injury will affect the client for the rest of his life. The money he receives from his employer’s worker’s compensation plan should reflect that. 

Car Accident Causing A Head Injury 

The victim in this case is a 17-year-old boy who is the passenger in a car that strikes a streetlight. In this hypothetical scenario, the passenger is not wearing a seatbelt and is thrown from the car and onto the ground outside.

The boy immediately suffers an epileptic seizure and multiple fractures of the skull. He is in intensive care for 10 days, and has a permanent brain injury that will affect him the rest of his life. After suffering a series of epileptic seizures and being unable to work, this client is eligible for a personal injury settlement. He will depend on anti-epilepsy medication for the rest of his life, all due to his brain injury.

A Cycling Injury 

In this case, the hypothetical victim of a head injury is cycling to work. As he cycles through the main entrance to his workplace, a barrier between lanes of traffic falls and strikes his helmet. 

Because of the cyclist’s helmet, this injury is more mild than the previous two hypothetical scenarios. The cyclist suffered from somewhat serious headaches after the injury, and missed a small amount of work. 

This client could potentially file a personal injury claim or a worker’s compensation claim. He was on his way to work at the time of the injury, but there could be third parties in charge of erecting the barrier that fell on him. 

Contact Gordon & Gordon

The attorneys at Gordon & Gordon are well-versed in both personal injury and worker’s compensation claims. If you or someone you love has suffered a head injury, contact the Gordon & Gordon law firm by calling 318.716.HELP. You can also leave us a message on our website.   

disability rating scale for workers comp

February 13, 2020 in Personal Injury, Workers Compensation

Louisiana Impairment Rating Scale

Have you ever heard of an impairment rating scale?

When you get hurt at work, your employer may be responsible for paying some of your expenses while you cannot work. This could include lost wages and medical bills. We call this worker’s compensation. This money does not come directly from your employer but from their insurance company. 

The state of Louisiana requires most employers to carry worker’s compensation insurance. Sometimes, the insurance company your employer has insurance with will offer you a settlement. This means that you will get one lump sum of money rather than monthly benefits. You take this settlement in exchange for waiving your claim to benefits in the future. This settlement depends on an impairment rating, which your treating physician decides. 

In this post, our worker’s compensation experts at Gordon & Gordon will answer all your questions about the impairment rating scale. 

What is the Impairment Rating Scale?

Before we get into specifics about impairment ratings, let’s talk about what part this scale plays in the worker’s compensation process.

It is helpful for employers and insurance companies to determine the severity of an employee’s injury. Some of the key questions during a Louisiana worker’s compensation claim are:

  • Is the employee unable to return to work because of their injury?    
  • Can the employee return to some other type of work, such as light-duty work?

To determine what is in its best interests, an insurance company will seek to assign an impairment rating to an employee. 

When an insurance company seeks out an impairment rating, it is because they are going to offer a settlement to the employee. To know the size of the settlement they should offer, the insurance company has to answer those two questions above. When answering these questions, being able to place a numeric rating on the employee’s injury is extremely useful.

For this reason, insurance companies use an impairment rating scale. 

What Is An Impairment?

We’ve talked about what an impairment rating is and why it is useful in a worker’s compensation case. We’ll also briefly discuss what Louisiana law considers an impairment. 

Louisiana law defines impairment as a medical problem that affects the employee’s bodily functioning. The impairment must also prevent the employee from using their body in the way they did before the injury. 

An impairment could be:

  • Physical or mental in nature
  • Caused by an injury or illness
  • Permanent or temporary
  • Severe or mild 

How Does the Impairment Rating Scale Work?

As we talked about earlier, impairment ratings provide an estimate of an employee’s physical and mental health. 

Doctors will assign impairment ratings on a sliding scale of 0 to 100.

There are different ratings for an injured body part and then for the body as a whole. Your arm may have a high impairment rating, meaning the injury is very severe. But if the rest of your body is healthy, your whole body impairment rating may be smaller. 

The goal of the impairment rating scale is so the insurance company can determine if you will return to work. If you cannot return to work, the insurance company may seek to give you a settlement. Thus, if your impairment rating is particularly high, the insurance company may offer you a settlement. 

When this becomes the case, the insurance company will negotiate a settlement based on your former wages, as well as your age.

What is Maximum Medical Improvement?

In a worker’s compensation case, you’ll hear the term “maximum medical improvement” or MMI thrown around a lot. In many cases, doctors will not assign an impairment rating until you reach MMI.

What this means is that you must reach a point where further treatment will not improve your situation. There aren’t surgeries or medicines that will make you more able to return to work.    

What is the Difference Between Impairment and Disability?

In some cases, there isn’t any difference between impairment and disability. In fact, some states refer to the impairment rating scale as the disability rating scale. 

But in Louisiana worker’s compensation, impairment and disability are not always the same. 

Above, we listed the definition of an impairment as a medical condition. Impairment refers to the loss of functionality in the body; it refers to the actual injury. 

Disability, alternatively, is a legal term that refers to the employee’s ability to return to work. When an employee sustains a total or partial disability, it does not necessarily mean they have a disability in the physical sense. In this context, disability means they cannot return to their old job.

For example, let’s say that somehow, an office worker and a warehouse worker sustain the same back injury. Because they have the same injury, they have the same impairment. They have both lost the same level of functionality in the same part of their body. 

But if the office worker can return to work, he does not have a disability in the legal sense. It is entirely possible for an office worker to do their job with minimal recovery after a back injury. Therefore the office worker may have an impairment, but not a disability.

The same is not true for a warehouse worker, who may engage in heavy lifting frequently in their job. With the exact same impairment, the warehouse worker may also have a disability. The warehouse worker will most likely receive different benefits. 

The Impairment Rating Scale and Louisiana Worker’s Comp Settlements 

Most Louisiana worker’s compensation claims don’t require impairment ratings. If the insurance company plans to simply pay out monthly benefits, they don’t need an impairment rating. When an insurance company seeks out an impairment rating, it is because they are considering a settlement. 

The insurance company will use this impairment rating during settlement negotiation.

It’s also important to remember that other states require impairment ratings more frequently than Louisiana. When you are dealing with an insurance company that operates in multiple states, they may require an impairment rating whether Louisiana does or not. 

Contact Gordon & Gordon

Insurance companies will use the impairment rating scale to justify the settlement they are offering you. But how do you know if that settlement is what’s best for you?

That’s where we come in. Gordon & Gordon have extensive experience in negotiating worker’s compensation claims. For more information about impairment ratings and insurance settlements, call Gordon & Gordon at 318.716.HELP. You can also leave us a message on our website.

being sued for car accident what can they take

February 7, 2020 in Car Accident, Concerns, Personal Injury

Being Sued for Car Accident What Can They Take?

If you’re being sued in a car accident, you probably want to know if the other party will settle.

The short answer is: probably.

The long answer is a little more complicated. About 95% of personal injury cases settle before trial. The same is true for car accident lawsuits.

But why is this? Well, there are several reasons.

Our personal injury and car accident attorneys here at Gordon & Gordon are going to go over them all with you in this post. We’ll also talk about the difference between a car accident settlement and a judgment in court.

Being Sued in a Car Accident: What’s the Difference Between a Settlement and A Judgment?

Well, the most obvious difference is that one happens in court, and one happens outside of court.

But to understand why settlements are preferable in the majority of cases, it’s important to understand how the decision-making process is different in each case. 

So, say you’re being sued in a car accident. That makes you the defendant. 

The first thing that will happen is that the plaintiff’s attorneys will file a claim with your insurance. They will give your insurance company all the information they have: eyewitness testimony, police records, and medical records. They will give your insurance company all the evidence they have that their client sustained an injury and that your negligence and recklessness caused it. 

From there, your insurance company and the plaintiff’s attorneys will begin negotiations. If your insurance company believes the evidence is compelling, they will probably want to settle early. This is because if your case goes to trial, a judge will probably award a massive verdict to the plaintiff. 

If the evidence is weak or uncertain, your insurance company might return with a lower number. This will continue until the number satisfies both parties. If the two cannot reach an agreement, the case will go to trial.

Here’s where things can get sticky for one party or another. In a trial, a judge will decide the amount and also who gets it. Your insurance company and the plaintiff’s attorneys will present their evidence. Once the judge makes a decision, you can’t negotiate it or belatedly accept an earlier offer. So when you’re being sued in a car accident, settling is usually better all around. 

First, Insurance Companies Want to Settle

When you are being sued in a car accident, you probably won’t have to pay up. It will be your insurance company. And it’s in the insurance company’s best interest to settle a case quickly. They want to do this for a few reasons, which we’ll talk about farther down. 

An insurance company’s entire goal is to close a claim quickly. For this reason, your insurance company will push hard for a settlement. 

If you are the plaintiff in a case, a settlement is probably in your best interest. But make sure you consult your attorney before you accept any settlement offer.  

Attorneys and Insurers Want to Avoid the Unpredictability of a Trial

This applies most to an insurance company, but the plaintiff’s attorney will probably want to avoid a trial as well. 

Anything can happen in a trial. To avoid an unexpected result and to reduce their own risks, both plaintiffs and defendants will look to settle a lawsuit. 

Even if neither party gets exactly what they want, there’s a degree of certainty with a settlement. The plaintiff can avoid getting nothing, and the defendant can avoid a massive verdict for the plaintiff. Both of these things can happen in trials, and there is no mitigating it or negotiating it. 

Plaintiffs Want Payment Quickly

The plaintiff in a car accident suit wants to get their payment as quickly as possible. After all, money now is worth more than money later.

Additionally, plaintiffs probably have expenses. These include medical bills and lost wages. The longer it takes a case to resolve, the deeper in debt the plaintiff may get. 

It is always better to settle because when an insurance company agrees to an amount, they will pay it out quickly. If you receive a judgment in court, there is no guarantee of collection. 

This is because if the amount the judge awards you exceeds the defendant’s liability policy, the defendant is responsible for the overage. There is no guarantee the defendant can pay this out-of-pocket. The best way to get paid quickly is to settle. 

When You’re Being Sued in a Car Accident, Everyone Wants to Save Money on Litigation

Litigation is expensive. When a case drags on for years and years, the costs start to pile up. There are depositions to attend, and expert witnesses to hire. 

The price tag can easily reach five figures before trial and will double just for the trial itself. Both sides will incur these costs and would probably like to avoid as many of them as possible. Settlement early accomplishes this.

Achieving Closure After Being Sued in A Car Accident

Plaintiffs want to move on from their injury. When you’re being sued in a car accident, you want to get on with your life. Insurance companies want to close claims. Settling a case achieves closure more quickly than going to trial.

Being Sued in a Car Accident? Contact Gordon & Gordon

If you or a loved one is being sued in a car accident, call Gordon & Gordon at 318.716.HELP. You can also leave us a message on our website. 

louisiana workers comp settlement chart

February 7, 2020 in Personal Injury, Workers Compensation

Louisiana Worker’s Comp Settlement Chart

What do you know about Louisiana worker’s compensation? What about Louisiana worker’s compensation settlements? Here we provide information similar to a Louisiana Worker’s Comp Settlement chart.

So, you got hurt at work in Louisiana. You’re stuck at home because of your injury. You might hear “Louisiana worker’s compensation” and balk because you don’t want to lay blame on your employer, go to court, or get fired for filing a claim. 

Fortunately, all these things are pretty rare in actual worker’s compensation claims. In this post, our worker’s compensation lawyers at Gordon & Gordon will answer all your questions and debunk some myths about Louisiana worker’s compensation. 

What is Louisiana Worker’s Compensation?

Let’s go back to the situation we talked about earlier: you got hurt at work, and you’re at home recovering. You’ve got some medical bills and no way to pay them.  

The good thing is, this is exactly what the Louisiana Worker’s Compensation Act is for! 

If you get hurt at your job and can’t work because of it, you can get certain benefits from your employer and their worker’s compensation insurer. 

If you’re concerned about getting fired for filing a worker’s compensation claim, don’t be. Your employer cannot fire you for filing a worker’s compensation claim. If they fire you for another reason, they are still responsible for your benefits. 

Louisiana Worker’s Compensation Insurers 

Before we talk about what kinds of benefits you can get from your employer, let’s talk about their insurer. Louisiana law requires most employers to carry worker’s compensation insurance. Employers will purchase this insurance through an insurance company. You will need the name of this insurance company to file your claim. 

There are cases where an employer might make it difficult to discover the name of their insurance carrier. In these cases, you need a Louisiana worker’s compensation attorney. Usually, a letter from your attorney will be enough to get the insurance carrier’s name. 

If you don’t want to involve an attorney just yet, you can check the Louisiana Department of Labor’s website. Just click on the “Worker’s Compensation Coverage Verification” link in the bottom left corner. 

What Benefits Can I Get From Louisiana Worker’s Compensation?

There are a variety of things your employer may be responsible for. Below is a list of the Louisiana worker’s compensation benefits you may receive:

Indemnity Benefits for Lost Wages

This will typically be about ⅔ of your average weekly wage. There are a few different kinds of indemnity benefits, including temporary total disability, supplemental earnings, permanent partial disability, etc. 

But the ⅔ rule does not apply if you are a high-earner. There is a cap on indemnity benefits. In 2019, that maximum was about $660 per week. Even if you have a six or seven-figure salary, you can only receive the maximum weekly payment. The state reviews these limits every year.

Medical Benefits 

Your employer will be responsible for all your accident-related medical bills. You will need the insurer’s permission for medical treatment totaling more than $750 unless it is emergency treatment. 

Choice of Physician 

The injured employee can choose one physician in any field or specialty. But if you change specialists, you need permission from the insurer.

For instance, if your injury is a knee injury, you have the right to choose your own orthopedic surgeon. If you want to change orthopedic surgeons, you need your worker’s compensation insurer’s permission. 

You do not need permission to choose your own physician in other specialties. Let’s say you’ve chosen your orthopedic surgeon, but you also need an ENT for an accident-related injury. You do not need the insurer’s permission to also choose an ENT.

But it’s important to remember that your employer can ask you to undergo an examination by one of their preferred doctors at any time. 

Vocational Rehabilitation Benefits 

Many residents of Louisiana work in the oil field. If an oilfield worker sustains an injury that is severe enough, they may not be able to return to the oilfield. There may not be an alternative job available with their employer. 

In this case, the employer must assist the employee in finding a new job. 

Mileage Benefits 

You may need to do a fair bit of driving to get the services, medications, or prosthetics that you need. You may even need to do some flying. The good news is that your employer is responsible for paying those expenses, so long as they are reasonable and necessary. 

Wrongful Death Benefits 

This is a worst-case scenario, obviously. But in the case of a death, the employer is still responsible for benefits to the decedent’s loved ones. The employer may be responsible for funeral costs, compensation for the decedent’s lost income, and any medical bills incurred before the death.

How Much Can I Get in a Louisiana Worker’s Compensation Settlement?

There’s no surefire way to tell how much money you might get in a Louisiana worker’s compensation settlement, or for how long you might get it. There are quite a few factors the settlement will hinge on. The most important factor is maintaining your benefits. It is always easier to maintain the benefits you are already getting rather than regaining benefits once you lose them. 

You never need to settle your claim to continue receiving benefits. Neither does the employer and their insurer. You can’t force the employer to pay your future indemnities and medical bills; that can only happen through the agreement of the two parties. 

A few things an attorney might consider during a Louisiana worker’s compensation settlement case are:

  • What type of indemnity benefits is the employee receiving? Is the employer paying all the benefits?
  • When was the last payment?
  • Has the accident-related medical condition stabilized? 
  • What are the treating doctor’s recommendations?
  • Is the employer paying the correct comp rate? 
  • What, at the end of the day, does the injured employee plan to do?

These are all things you need to consider during negotiations for your Louisiana worker’s compensation benefits. These are all things an attorney can help you with if you are unsure. 

Contact Gordon & Gordon

If you or someone you know is struggling with their Louisiana worker’s compensation settlement, call Gordon & Gordon at 318.716.HELP. You can also leave us a message to arrange a consultation at any of our offices.

reasons for auto collisions in shreveport

December 30, 2019 in Car Accident, Personal Injury

Common Cause of Collisions in Shreveport 

Do you know the most common cause of collisions in Shreveport? 

Road accidents occur for a variety of reasons. Sometimes they occur for a combination of reasons. Drivers can become distracted behind the wheel. Drivers can get tired after long drives, or the weather can limit visibility. Roads can be unsafe. Some collisions are more severe than others, but nearly all collisions will result in either property damage or injuries of some kind. After a collision, some drivers may find it difficult to get the compensation they deserve.

In this post, the personal injury attorneys at Gordon & Gordon will list the five most common causes of collisions in Shreveport, Louisiana, counting down to the most common cause of collisions. We will also discuss how each of these causes of collisions factors into car accident fault, and other factors of a personal injury case.

Rain is Common Cause of Collision in Shreveport

Nobody likes to drive in the rain, but here in Louisiana, it’s an inevitability. 

Rain is a highly common cause of collisions in Shreveport. It’s easy to see why: when the road becomes overly wet, the tires on your car can’t grip the road as well. Vehicles may slip and slide on the road. Decreased control of your vehicle means an increased likelihood of an accident.

If your tires are low on air or if the tread is not deep enough, you have even less control over your car in rainy conditions.

In addition, as we said, nobody likes to drive in the rain. In a particularly heavy rainstorm, an inexperienced driver might panic. When rainy weather causes a collision, police and the courts will usually determine fault on a case-by-case basis. Sometimes in situations like these, there is no fault, and then it will be up to your own insurance to compensate you. The best way to avoid this situation is to be very aware of your surroundings when it is raining.

Reckless Driving Causes Shreveport Collisions

Unfortunately, reckless driving is a very common cause of collisions in Shreveport. When someone on the road is swerving, ignoring road signs, or speeding, collisions and injuries are likely. 

Reckless driving can occur in combination with intoxication. Or it can simply be a motorist more concerned with getting to their destination than safety. If you sustain an injury in a car accident due to another’s reckless driving, the fault is relatively easy to determine. In most cases, the opposing party’s insurance will compensate you for injuries. In cases that require negotiation with this other party’s insurance, it is absolutely necessary that you have an attorney to represent you.

Drunk Driving Causes Major Accidents

Even though drunk driving is often simply the cause of reckless driving, it is such a common cause of collisions that it deserves its own mention.

When people drive after drinking alcohol, they compromise their response times and ability to focus on the road. 

All 50 states have laws regarding drunk driving. All of these laws note a .08 blood alcohol concentration (BAC) limit. Once a person reaches this limit, they are driving under the influence of alcohol. 

For many motorists, alcohol can affect their driving even before they reach this .08 limit. These collisions are very preventable; if you have been drinking, don’t get behind the wheel. 

Drunk driving is a clear violation of the law. If you sustain an injury due to someone driving under the influence of alcohol, they are most likely liable for your injuries. 

Speeding is the Second Most Common Cause of Shreveport Collisions

Speeding is the second most common cause of collisions in Shreveport. Since these accidents usually occur at high speeds, there is also a possibility of serious injuries. 

Driving above the speed limit may not seem like a big deal. Everyone does it, right? But remember that driving above the speed limit is illegal. When you speed, you are breaking the law. 

Also, speed limits exist for a reason. The set speed limit is the fastest you can travel on the road in question without becoming dangerous to other drivers. When you drive above that speed limit, you are more likely to lose control of your car. The time it will take you to stop to avoid obstacles will also increase. Thus, even small increases in speed can increase your likelihood of a crash. 

The Most Common Cause of Collisions in Shreveport is Distracted Driving

Distracted driving is the most common cause of collisions in Shreveport and all over the country. Since the growing popularity of cell phones and now, text messaging, distracted driving causes more collisions than speeding, drunk driving, and other major causes of accidents. 

There are many reasons drivers can become distracted behind the wheel. Using a smartphone while driving, eating, and drinking from a cup or mug are the most common causes of distracted driving. 

It can be difficult to prove when someone caused a collision due to distracted driving. Usually, it requires eyewitness testimony or some proof that the other party was driving erratically due to distraction. 

What Should I Do After A Car Accident in Shreveport?

It’s important to know what you should do after a car accident so you don’t make your situation worse.

First, make sure you stay on the scene of the accident. Otherwise, police could charge you with a hit and run, even if you aren’t technically at fault. 

If you haven’t sustained any injuries and the other party is also unscathed, you should exchange insurance information. Key pieces of information are:

  • Contact information of the other driver
  • Any witness information
  • The other vehicle’s make, model and license plate number
  • Photos of the damage to both cars
  • The name of the other driver’s insurance company 
  • Location or address of the accident 
  • The police officer’s name and badge number (if the police arrive on the scene)

If there are extensive damages to your car or if you sustained serious personal injuries, you should contact an attorney as soon as possible. Even if the process isn’t particularly contentious, an attorney can help you speed up the proceedings and make sure that you get all the compensation you deserve.

Contact Gordon & Gordon

For more information about the most common cause of collisions in Shreveport, or for more information about personal injury and car accidents, contact the Gordon & Gordon Law Firm. You can call us 24/7 at 318.716.HELP or leave us a message on our website!

shreveport construction injuries

December 30, 2019 in Personal Injury, Workers Compensation

Common Construction Injuries in Louisiana

Construction injuries are sadly common on a work-site.

These sites are dangerous places, and the work is highly physical. Construction workers also often use heavy machinery, climb to great heights, and work on roadsides where accidents are likely. 

Many residents of Louisiana work on construction sites. If you are a worker and you sustained a construction injury on a worksite, Louisiana law provides a number of protections for you. 

In this post, the worker’s compensation attorneys at Gordon & Gordon will discuss common construction injuries. They will also outline your rights as a worker in Louisiana, and the steps you should take following a construction injury. 

What Are The Most Common Causes of Construction Injuries?

Construction sites are risky places to be. The Occupational Safety & Health Administration (OSHA) has identified the top causes of construction injuries. These causes for construction injuries include:

Falling From Heights 

Construction work often includes climbing to great heights. 

A worker may fall from a building, scaffolding, or a piece of machinery. Workers can also fall into holes or ditches on construction sites.

Trench Collapse

When a trench collapses, debris can cut off a worker’s air supply. This debris can also bury a construction worker or cause severe crushing injuries.

Collapsed Scaffolding 

OSHA has strict rules to ensure the safety and stability of scaffolding. Despite this, things can still go wrong. This could cause a worker to fall, or pieces of the collapsed scaffolding could hit a worker on the ground.

Electric Shock and/or Arc Flash

Working with generators, power tools, machinery, and electrical wiring put construction workers at risk. Especially when many construction workers do not have proper instruction on dealing with electricity.

Failure To Use Appropriate Safety Gear

Hardhats, safety glasses, and other personal protective equipment are necessary on a construction site. 

But these rules are lax on some construction sites, and workers may not always wear appropriate safety gear. For instance, workers may be eating lunch near their site, but not officially on their site. Because they are not actually on-site and working, they aren’t wearing their hardhats. But they are still near enough that they could sustain an injury if a piece of equipment falls.

Repetitive Motion 

Repetitive motion injuries are common in any manual labor job. 

When you perform the same physical motion, again and again, the muscles and soft tissues will wear down. Repetitive motions like this are common on a construction site. An injury to the muscle and soft tissue will cause pain and limited mobility. If you don’t treat the injury, it will only get worse, and there could be permanent damage.

These are the most common causes of construction injuries. Other prevalent causes of construction injuries are traffic accidents, collapsing ladders, malfunctioning tools, and errors with tools or machinery.

What are the Most Common Construction Injuries?

Above, we listed the most common causes of construction injuries. Now let’s talk about the construction injuries themselves.

Workers who experience accidents like the ones we talked about can sustain a variety of serious injuries. Some of these common construction injuries include:

  • Burns 
  • Electrocution 
  • Vision impairment or blindness
  • Broken bones
  • Knee and ankle injury 
  • Neck, shoulder, or back injury 
  • Spinal cord injury 
  • Illnesses caused by toxic chemical exposure 
  • Head injury and/or brain injury 

There are also tragic accidents on construction sites that result in fatalities.

What Workers’ Compensation Benefits Can I Get For My Construction Injury?

First and foremost, when you sustain an injury on a construction site, you need to pay your medical bills. You might need time off work to recover, or you may need to switch to a less physically demanding job. If your injury is severe enough, you may need to stop working altogether.

The good news is that in Louisiana, the law requires the vast majority of employers to carry worker’s compensation insurance.

These worker’s compensation policies cover any injury for any employee. The policy will cover your injury even if you made mistakes that caused your injury. As long as you weren’t intoxicated or violating company policy, worker’s compensation applies to you.

The worker’s compensation benefits you can receive will depend on your specific injury. Worker’s compensation will cover your medical bills, lost wages, and disability benefits if you qualify.

If you have to switch to a lower-paying job because of your injury, worker’s compensation can provide you with benefits to make up for the disparity. 

If a construction worker dies as a result of a tragic accident, worker’s compensation can also provide death benefits.

And if you’re worried your employer might fire you rather than pay your worker’s compensation, don’t. Your employer cannot fire you solely because you receive worker’s compensation.

Third-Party Lawsuit Claims

If you feel that your construction injury was the fault of your employer, worker’s compensation is the only action you can take. You cannot sue your employer for further benefits.

But if someone other than your employer caused your injury, that’s a different story.

For example, let’s say there was an architect overseeing a site you were working on. If the architect’s negligence leads to your injury, you may have a third-party lawsuit claim. 

The same concept applies if a tool or machine was defective. You could have a third-party lawsuit claim against the manufacturer of the machine. 

A third-party lawsuit will let you pick up compensation that worker’s compensation cannot give you. For instance, you can receive compensation for pain and suffering. But to get this compensation, you have to win the lawsuit. This means you’ll have to prove negligence, or that a product, machine, or tool was defective. 

How Can A Worker’s Compensation Attorney Help Me?

A worker’s compensation attorney can guide you through the claim process from beginning to end. Our experts at Gordon & Gordon can:

  • Determine whether to file a worker’s compensation or third-party liability claim (or both)
  • Deal with the worker’s compensation insurer if there is a dispute 
  • Gather evidence to prove your eligibility for compensation
  • Keep your claim moving forward
  • Appeal a worker’s compensation claim denial
  • Negotiate a settlement if there is a dispute over benefits 
  • File a third-party lawsuit in court or negotiate a settlement with a third party 

Contact Gordon & Gordon

At Gordon & Gordon, we have years of experience helping the residents of Louisiana with their worker’s compensation claims. If you or a loved one sustained a construction injury on the job, you can call our offices at 318.716.HELP. Lines are available 24/7.

You can also send us a message directly with a brief description of your accident and injury to begin scheduling your consultation.

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