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Insurance Dispute Lawyer Blog

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Worker Entitled To Unpaid Compensation Owed Him Under Contract

One frequent use of contracts is to establish how much someone will be paid for specified work. Clear contractual language can help prevent disputes down the road. What happens if you do not receive all the compensation to which you are entitled under your contract? Clifton Franklin and Fountain Group…

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Injured Worker Who Hid Injuries Still Entitled To Workers’ Compensation

If you are injured on the job, it is best practice to inform your employer and supervisor about your injuries. They will likely inform you about possible workers’ compensation to which you might be entitled. Are you still eligible to receive workers’ compensation benefits if you tried to hide your…

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Prior Mistake Does Not Waive Insurer’s Defense In Subsequent Claim

If you are in a car accident and your insurance pays your claim, you likely expect the same thing will happen if you are subsequently in a similar accident. What happens if your insurer paid your prior claim, but tries to deny a subsequent claim?  Brandon Forvendel was injured in…

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Who Is Covered By A Settlement Agreement Release?

A settlement agreement can be an efficient way of resolving a claim and receiving compensation without a lengthy trial process. However, it is essential to understand what a settlement agreement does and does not cover to avoid surprises down the road if you later try to bring related lawsuits against…

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Hospital Not Liable For Negligent Transportation During Hurricane Katrina

Over a decade after Hurricane Katrina, we have almost all heard of the difficult choices hospitals faced while trying to care for patients. This case involves a patient who was allegedly injured while being evacuated from a New Orleans hospital during Hurricane Katrina.  Lionel Favret was admitted to the hospital…

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Injured Work Release Inmate’s Sole Remedy Is Workers’ Compensation

Even while an inmate, you are still entitled to damages if you are injured on the job. If you are injured while working in a release program, are you entitled to compensation through the workers’ compensation scheme?  Lindsey French was serving a sentence for drug and firearm charges at the…

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Presumption of Negligence in Rear-End Accidents Does Not Always Lead To Summary Judgment Victory

Under Louisiana law, there is a presumption the driver of a car that rear-ends another car acted negligently. However, this presumption of negligence can be overcome in certain situations, such as if the driver of the vehicle that was rear-end shifted lanes soon before the accident. While Tammy Bloxham was…

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Can an Independent Contractor collect Workers’ Compensation Benefits?

The distinction between independent contractors and employees has always been something of a balancing test. This distinction becomes vital in workers’ compensation issues, where employees generally enjoy peace of mind with workers’ compensation in the event of an injury, whereas independent contractors usually do not. But are there some cases…

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Smoking Or Radioactive Material? Summary Judgment Reversed Given Factual Disputes On Causation

Everyone knows someone who has been affected by cancer. Despite being a widespread disease, there is a lot we still do not know about cancer. One area where a lot is still unknown is causation. For example, lung cancer can be caused by a variety of things, including smoking and…

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Is It Possible To Modify a Workers’ Compensation Judge’s Judgment?

If you have been injured on the job, you might be entitled to workers’ compensation. In order to receive compensation, there are a number of procedural requirements with which you must comply.  Elaine Rodrigue worked as a paralegal for the school board in Lafourche Parish, Louisiana. While working, she tripped…

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