Louisiana Job Injury Law Blog

Is Louisiana Workers' Compensation Corporation Your Employer's Insurer? Injured Workers May Find Their Employers Insurer Online Now.

Wed, 05 Oct 2011 21:24:02 -0600

Often times an injured worker is forced to ask his or her employer for the name of its workers compensation insurer after an work related injury. The employer might try to encourage the injured worker to use his or her health insurance.

However, in Louisiana, health insurance usually does is not provide primary health insurance coverage for a work related injury unless the the employer and its insurer denies that the employee's injury is compensable under the Louisiana Workers Compensation Act.

Unfortunately, many employers are unwilling to report a work related injury to their workers compensation insurer or provide the injured employee with the name of the insurer.

In the past, If you were trying to find the name of your employer's insurer so that you can report the claim to them and see if the claim is compensable, you had to call the individual insurers like Louisiana Workers Compensation Corporation ("LWCC"), LUBA, CNA, Travelers, Chartis or other workers compensation insurer.

Now injured workers can discover their employers Louisiana Workers Compensation Act insurer online through https://www.ewccv.com/cvs/. If that doesn't work, look for "COVERAGE VERIFICATION" on the Louisiana Workforce Commissioner home page at http://www.laworks.net/

If you need help with your job injury matter, contact a Louisiana Workers Compensation Lawyer.

Additional Resources:

LA-RS 23:1205

OSHA Cracking Down on Distracted Driving; Louisiana's Laws on Distracted Driving

Fri, 03 Jun 2011 16:16:59 -0600

In response to President Obama's October 2009 Executive Order directing federal employees not to engage in activities such as text messaging while operating government-owned vehicles, the Occupational Safety and Health Administration (OSHA) and the Department of Transportation have launched a campaign to end distracted driving on the job.

The program was announced by OSHA Assistant Secretary of Labor Dr. David Michaels at the Symposium on Occupationally-Related Distracted Driving held earlier this spring. Distracted driving, including cell phone use and text messaging while driving, is a major cause of motor vehicle crashes and consistently ranks among the leading causes of worker fatalities. According to the Department of Transportation, more than 5,400 people died in crashes linked to distracted driving in 2009. Dr. Michaels called for employers to take actions to protect employees by prohibiting texting while driving on the job and cited the legal responsibility employers have to maintain a safe workplace.

Under OSHA's new enforcement strategy, "companies are in violation of the Occupational Safety and Health Act if, by policy or practice, they require texting while driving, or create incentives that encourage or condone it, or they structure work so that texting is a practical necessity for workers to carry out their job." OSHA will begin investigating credible reports of employer violation and accident reports and will issue fines and penalties to companies requiring or condoning texting while driving. In states where cell phone use while driving is restricted or banned, on the job accidents involving illegal cell phone use may be excluded from workers' compensation coverage.

Louisiana's Laws on Distracted Driving

• Handheld ban for drivers with a learner's permit or intermediate license regardless of age
• Ban on all cell phone use (handheld and Hands-free) for novice drivers (Primary law for drivers under 18)
• Ban on all cell phone use (handheld and hands-free) for bus drivers (Primary law)
• Ban on texting for all drivers (Primary law)
• Preemption Law prohibits localities from enacting distracted driving bans

For questions about your work injury case or auto accident, call a car accident lawyer.

For more information visit:

Official US Government website for Distracted Driving including state laws, statistics and more

Information & resources for employers as well as information on filing a complaint with OSHA

Mariner Energy May Face Noncompliance & Civil Charges for September Oil Rig Fire in the Gulf of Mexico

Fri, 03 Jun 2011 15:45:31 -0600

The Bureau of Ocean Energy Management, Regulation and Enforcement ( BOEMRE) has completed its investigation into the fire that broke out on an offshore oil platform 100 miles off the Louisiana coast in September of 2010. The fire forced the 13 platform workers to jump in to the water and await Coast Guard rescue. The fire aboard the Mariner Energy Vermillion 380-A platform occurred just months after the April 2010 BP oil spill, offering a chilling reminder of the importance of strict safety standards in the offshore oil industry. The official investigation report cites a combination of factors, including crucial equipment failure, corroded equipment, and a fire water pump that could not be used due to generator failure, as causes for the incident.

"The report underscores the need for offshore operators to maintain their equipment consistent with existing standards, to protect the safety of personnel working onboard and to protect the environment," BOEMRE Director Michael Bromwich stated.

According to the Bureau of Ocean Energy Management, Regulation and Enforcement, noncompliance citations may be issued to Mariner Energy Inc. Mariner Energy, which has recently been taken over by Apache Corporation, may also face civil charges related to the September fire.

For additional information see, SEPTEMBER 2 2010 INCIDENT.pdf For questions about your work related injury, contact Louisiana work injury lawyer.

Occupational Hazards Facing Louisiana Nail Salon Workers

Sun, 29 May 2011 13:00:01 -0600

Working at a New Orleans, Baton Rouge or Houma, Louisiana Nail Salon? Suffering from headaches, respiratory problems or fatigue? You may have reason to be concerned. Nail salon workers may be at an elevated risk for health problems caused by exposure to chemical toxins.

A recent research study from the American Journal of Public Health (AJPH) sampled 80 female Vietnamese nail salon technicians working in more than twenty California nail salons, measuring personal and area concentrations of chemical solvents such as toluene, isopropyl acetate, and ethyl acetate. Results from the study showed the measured levels of the three solvents exceeded recommended concentration guidelines suggested to avoid health consequences related to exposure. Of the 80 participating workers, one-third reported experiencing health problems such as headache, irritation, nausea, and respiratory trouble after joining the salon workforce. Irritation of the nose, eye, throat, and skin were the most common health problem with 26.5% of participants reporting symptoms.

George Alexeef, deputy director of the California's Environmental Health Hazard Assessment testified in 2009 that toluene and formaldehyde - two chemicals commonly found in nail salon products are among the list of substances capable of causing reproductive problems and cancer in addition to symptoms such as headaches, respiratory issues, and fatigue. Senator Carol Migden, head of the Senate's Labor and Industrial Relations Committee, has stated that many of the products used in American beauty salons are known or suspected carcinogens and are already banned in Europe.

The AJPH study is part of an increased national focus on the previously overlooked health concerns of American salon technicians. Despite significant growth in the nation's number of nail salons and the formation of technician groups calling for action, progress in research and legislation limiting or banning specific chemicals in salon products has been slow moving. The pending Safe Cosmetics Act would phase out products that contain harmful substances and require full disclosure of ingredients on salon product labels. Additionally, the legislation would grant the US Food and Drug Administration (FDA) cosmetic manufacturing regulatory power.

In light of their findings, the authors of the AJPH study called for "policy changes to update occupational exposure limits that take into account various chronic health conditions, better regulatory oversight of chemicals in cosmetic products, and more research focused on the health of understudied and vulnerable worker populations". The study is published in the October 2011 AJPH publication entitled Environmental Justice and Disparities in Environmental Health.

If you have any questions about your Louisiana Job Injury, please contact a Louisiana workers compensation lawyer.

Insurance Company Surveillance of Louisiana Injured Workers & Car Accident Victims

Fri, 27 May 2011 16:33:58 -0600

Surveillance of individuals receiving Louisiana workers' compensation benefits or individuals involved in a car accident or other accident may be conducted if the insurance company is seeking to destroy the injured person's credibility and diminish the value of the case. Large insurance companies typically have a department devoted to claim investigation with experienced investigators contracted to provide professional surveillance. Because evidence obtained through legally conducted surveillance can be used in court if necessary, it is important to know what to expect from surveillance operatives.

Surveillance 101

Surveillance operatives can easily obtain personal information including your:

• physical description
• home address
• neighbors' names
• medical appointment times
• contact information of healthcare providers
• vehicle registration information

Once this information has been gathered, the operative scopes out the subject's community and identifies the best vantage point for subject surveillance. Surveillance operatives often park their vehicle down the street, near a home or business that is for sale, or on the property of a neighbor or business owner who is likely misinformed of the real subject of investigation and asked to cooperate in the interest of the community.

Although surveillance strategies vary depending on the reason for surveillance and the type of evidence needed by the insurance company, investigators are typically interested in observing the subject's daily routine, determining the extent of the subject's physical abilities and comparing these observations to the medical limitations set for the subject. If an insurance company is suspicious of a subject's reported physical limitations, the operative may videotape the subject leaving for a morning exercise class or performing strenuous lawn work that exceed reported limitations. Alternatively, a subject suspected of claiming workers' compensation while secretly working at a different job may be videotaped leaving the house for work in the morning and tailed to his undisclosed workplace.

Tricks You Should Know

• Surveillance does not follow an 8am-5pm business day schedule. Operatives may be in place at any time including the early morning or weekend, especially if the activity allegedly beyond the scope of the subject's physical limitations is typically performed at a specific time of day or week such as dog walking, fishing, or home improvement projects.

Common traps set by the hired investigator to "catch" a subject performing activities beyond physical limitations set by the treating physician include the following:

• ordering a package delivered with a weight outside of the injured workers' restrictions and videotaping the worker lifting the package
• pretending to be a driver needing help changing a flat tire or pushing a broken down car;
• recording sounds such as hammering that, while not visible on tape, indicate the subject may be healthier than limitations would suggest.
• tampering with the injured persons automobile (e.g. disconnecting or draining the battery) so the investigator can take photos of the subject working on his automobile.

How Surveillance Evidence is Used

The results of subject surveillance will be used at different times in the claim review process depending on the company's policies. Often, video footage, the investigator's final report, and a physician's supplemental report filed after the physician views the surveillance footage are compiled and used in the early stages of claim review to encourage the subject to return to work without legal action. If the issue does proceed to trial, the evidence obtained by subject surveillance may be used in conjunction with the operative's testimony. Every detail, sound, and observation witnessed by the operative conducting surveillance may become a part of the legal record.

Social Media and Workers' Compensation & Other Accident Cases

Nowadays nearly everyone, including insurance companies, has a Facebook. Many insurance companies have reportedly taken to messaging and "friending" some claimants on social media websites. Last year, a Pennsylvania woman involved in an auto accident was sent a Facebook friendship request from the at fault driver's insurance adjuster assigned to handle the claim less than 24 hours after the accident occurred and this practice is increasingly common.

It is important to remember that nothing you post on social media sites such as Facebook, LinkedIn, MySpace, and Twitter are guaranteed to remain private. With over 500 million Facebook users and about 100 million Twitter users, you never know who is looking at your profile or viewing your photos. If you are involved in a workers' compensation or personal injury lawsuit remember that insurance companies are diligently searching for you online and exercise common sense. Even with strict privacy settings in place, limited profile information is often still accessible to searchers additional information capable of damaging a case could be accessed through a friend's less protected page.

What Can You Do?

• Do a Google search on yourself and review the results
• Never approve friend requests from people you do not know
• Read the privacy statements of any social media outlet you use
• Select the highest privacy settings for your Facebook profile
• Realize that comments you post on other pages may not be as private as you think and censor accordingly.
• Be smart about your "tagged photos" settings and review photos you are tagged in often. If you are not currently working due to an on the job injury but have a photo posted of a family rock climbing trip, assume that the insurance company will find it and try to use it.

If you need have any questions about your injury claim, call a Louisiana Personal Injury Lawyer

2010 Louisiana Railroad Worker Safety Report Released By Federal Railroad Administration

Thu, 21 Apr 2011 06:06:39 -0600

WORKER SAFETY REPORT - REPORTABLE CONDITIONS

Type of Job: Professional and Administrative