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Workers' Compensation Archives - Simien & Simien, LLC

Is workplace asbestos exposure a workers’ comp or personal injury claim?

Asbestos exposure can give rise to several devastating diseases that can change your life forever. You probably know that workplace accidents fall under the category of injuries that workers’ compensation covers. However, if your exposure to asbestos happened at work because of unsafe conditions, you may be curious as to

What workers need to know about third-party injury claims

Suffering an injury at work unfortunately is all too common. In 2019, about 2.8 million private industry employees suffered injuries at work in the United States. Plus, those who work physical labor jobs – those in the construction, healthcare, trucking or manufacturing industries – are more likely to suffer workplace

Understand workers’ compensation before you need it

No matter a person’s job, the chance exists that he or she could suffer injuries or illness as a result of that job. Some people may think that workplace injuries are more likely to occur to people who work in construction or with dangerous machines or materials, and while that

Can I Sue Outside of Workers’ Comp For a Work Injury?

Many workers assume that the only way to obtain compensation for an on-the-job injury is to file a Louisiana workers’ compensation claim. While this is true in most cases, there are certain situations where injured employees are allowed to file a personal injury lawsuit to obtain compensation from their employer

What Should I Do After Being Injured in a Workplace Accident?

Each year, thousands of employees are injured in work-related accidents. Often, this results in workers suffering lost wages and expensive bills for the medical treatment they receive to heal their injury. If you are injured on-the-job, it is important to understand that you may be entitled to workers’ compensation benefits

If you have been injured in a car accident, you may be entitled to compensation for your medical expenses, lost wages and pain and suffering. However, you must be able to establish through evidence that the car accident was the other driver’s fault. Gathering evidence to prove the other driver was at fault for your car accident can help you secure the compensation you deserve for the injuries and losses you suffered a result of the collision. During a free, no obligation consultation with Simien & Simien’s auto accident lawyers in Baton Rouge, we will discuss your accident and review the evidence that may help to support your claim. This evidence can include: Police Report After a car accident, it is important that you contact law enforcement to report the accident. This will help to establish when the accident occurred and provide a police report detailing the accident. The police report will stand as the responding police officer’s official account of the events that occurred during the accident, the factors he or she believes caused the accident and which party is at fault. Additionally, the police report should also state important information about the accident, including the: Names of the drivers involved in the accident Contact information of each driver and witness Drivers’ insurance information Driver’s license numbers Drivers’ License plate numbers Names of witnesses who saw the accident occur The police report can be used as an important tool when discussing a settlement with the at-fault party’s insurance company. This includes using the police report to link your injuries to the car accident and establish the other driver is responsible for your damages. Photographs of the Scene Other important types of evidence that can be used to support your car accident claim are pictures and videos that provide a visual depiction of the crash and accident scene. By taking pictures at the scene of the accident, you can accurately depict the damage that occurred during the accident and important details of the surrounding area. The photographic evidence you take should include: The damage inflicted on both vehicles The other driver’s vehicle and license plate number Images of the road signs Pictures of the accident scene Skid marks on the roadway Traffic signals and devices surrounding the accident scene Opposing angles of the accident to provide a complete view of the scene Eyewitness Information If you believe another person saw your auto accident occur, try to collect his or her name and contact information to be used a witness to support your claim. A witness can provide an objective account of what they may have seen when the accident occurred. This can include the behavior of the other driver and whether his or her negligence caused the accident. You can provide the witnesses’ name and contact information to your attorney so that he or she can use the witness to testify for your case, if necessary. Medical Records Documenting Your Injury It is important to seek medical assistance after being injured in a car accident. These records indicate the link between your injury and the accident. They also show that you sought treatment after the accident and have taken steps to heal after your injuries. Additionally, medical records can be used to establish the extent of your injuries. This can include records of: Emergency room visits Hospital admittance or stays Treatment from a specialist Physical therapy Medical bills Prescription medication You may also want to request your medical records from your primary care physician detailing the condition of your health before the accident. This can show a contrast of how your physical health has been affected as a result of the accident. Employment Records If you were prevented from working because of your injury, you may be entitled to compensation for the wages you lost during this time. However, you will need evidence that states how much income you may have been prevented from earning. This can include pay stubs stating your average rate of pay when the accident occurred or a signed letter from your employer indicating your official job title, rate of pay, average number of hours and estimated lost wages. Contact a Lawyer for Help If you have been injured in a car accident where you believe the other driver is at fault, you may be entitled to compensation for your lost wages, medical expenses and pain and suffering. At Simien & Simien, our Baton Rouge personal injury lawyers have represented numerous car accident victims obtain the justice and compensation they deserve. We know how to effectively build a case using solid evidence that supports your claim and shows how the at-fault party’s negligence caused your injury. Do not hesitate to schedule a free, no obligation consultation to discuss your claim with our attorneys and determine if you have a case against the at-fault party. We only charge our clients if we recover compensation for their claim.

After a work-related injury or illness, you must follow a specific process to apply for workers’ compensation benefits in Louisiana. If you file your claim incorrectly, you may not receive the benefits you are entitled to. Simien & Simien’s Baton Rouge workers’ compensation attorneys have helped numerous workers in Louisiana

How Are Workers’ Compensation Medical Benefits Paid?

Workers’ compensation insurance provides compensation for medically-necessary treatment of workplace injuries. However, Louisiana has specific rules on submitting claims for payment, when payments will be made and selecting medical providers. If you have any questions about the medical benefits to which you may be entitled for your workplace injury, contact

Can I Appeal If My Workers’ Comp Claim Is Denied?

If you applied for workers’ compensation benefits but were denied, you still have the right to file an appeal with Louisiana’s Office of Workers’ Compensation Administration (OWCA). If your appeal is successful, you should receive the compensation needed to cover medical bills, lost wages and lost earning capacity. The Baton

Do I Need to Hire a Workers’ Compensation Lawyer?

You may be entitled to workers’ compensation benefits if you were injured on the job or diagnosed with a work-related illness or medical condition. However, the process of filing a workplace injury claim is complicated and time-consuming. This is why you should strongly consider working with a seasoned workers’ compensation

Differences Between FELA and Workers’ Compensation

Most employees who are injured on the job are covered by Louisiana’s workers’ compensation laws. However, if you are a railroad worker, you are covered by the Federal Employers’ Liability Act (FELA). There are key differences between FELA and the Louisiana workers’ compensation system. Our experienced Federal Employers’ Liability Act attorneys in Baton Rouge

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