Louisiana Scaffold & Ladder Accident Lawyer
From the tallest office tower in downtown New Orleans to the most unassuming house in the Bayou State, almost all construction and renovation projects involve scaffolding and ladders. This equipment makes the work go much faster. It also helps workers avoid excessive reaching, stretching, and other actions that often cause repetitive stress injuries. However, ladders and scaffolds are almost inherently dangerous. Frequently, employers throw up these structures without ensuring they’re safe. Then, they give workers few or no safety instructions.
In contrast, the thorough Louisiana scaffold & ladder accident lawyer at Lunsford, Baskin & Priebe diligently build your claim for compensation from the ground up. This close attention to detail may be time-consuming. But our results speak for themselves. The life-changing benefits we obtain for our clients include lost wage replacement and medical bill payment. Workers’ compensation is no-fault insurance. As long as the injury happened at work, these benefits are available. However, these cases are never easy to resolve. Victims need lawyers who are with them until the end of the line.
Employer Fraud
The workers’ compensation bureaucracy, which is dominated by insurance company interests, makes these matters complex. Employers who refuse to play by the rules also contribute to the difficulties.
Louisiana, like most other states, has a mandatory workers’ compensation law. Most large employers must purchase enough of this insurance to cover all their employees.
Some employers simply flaunt this law and don’t buy insurance. Others don’t buy enough insurance or buy “insurance” from undercapitalized companies, to fool state investigators. When their workers get hurt, these employers are basically uninsured. As a result, these claims are nonsubscriber claims. More on that below.
Other kinds of employer fraud are more subtle. An under-the-table payment offer is a good example. The boss offers to pay an injured worker’s medical bills, and maybe pay a little bit extra, if the victim doesn’t file a claim.
Bosses don’t make such offers to help victims. Instead, they make these offers to help themselves. Fewer claims means lower premiums, which means less money in the system to compensate other victims.
There’s more bad news. Employers almost always renege on these offers. If the workers’ compensation claim deadline has passed, and it usually has, the victim has no legal options.
Nonsubscriber Cases
Victims may file claims against uninsured employers in civil court. State law prevents these employers from using contributory negligence and some other “silver bullet” defenses. Therefore, it’s easier to prove negligence and obtain compensation.
In addition to money for economic losses, compensation in civil court usually includes money for emotional distress and other noneconomic losses.
Victims also have this option if a defective product, like an unsafe tool, causes injury. Manufacturers are strictly liable for the injuries their defective products cause. The best possible defense, unforeseeable misuse, typically doesn’t apply.
Furthermore, victims have a civil claim option if employer recklessness caused the injury. Recklessness is extreme negligence, such as knowingly sending workers to dangerous locations. The aforementioned negligence defenses are available in such cases, so these claims are not as easy to win. However, the payoff is bigger, in the form of additional compensation for noneconomic losses.
Reach Out to a Diligent Lafayette Parish Attorney
Injury victims are entitled to substantial compensation. For a free consultation with an experienced Louisiana scaffolding and ladder accident lawyer, contact Lunsford, Baskin & Priebe, LLC. You have a limited amount of time to act.
