Baton Rouge Injury Lawyer Blog

A Harvey casino is being sued by a Jefferson Parish woman who allegedly sustained a back injury when she visited the property. On February 23rd, Janice Westerfield filed a lawsuit in Louisiana's 24th Judicial District Court against Boomtown Casino over injuries she claims resulted from a fall in a casino restaurant. Westerfield reportedly hurt her back when she slipped and fell immediately after she got up to leave her table.

According to her lawsuit, a caution sign was placed near Westerfield's dining table before she was seated but was removed by a waiter when she sat down at the table. After that, Westerfield claims she slipped and fell on an unidentified substance on the floor. In her suit, she has accused the waiter of discretely attempting to return the caution sign to its original position after she fell.

Westerfield has accused Boomtown Casino of failure to warn, failure to exercise due care, and failure to provide a property free of hazards. She has asked the court to award her monetary damages for medical costs, mental distress, suffering, pain, and lasting physical impairment.

In Louisiana, property owners must maintain a certain level of safety on their premises. Failure to maintain a property free of hazards will likely result in a premises liability lawsuit. To file a premises liability lawsuit, an injured claimant must be an invitee on the property where the injury occurred, such a business patron. If a trespasser is hurt on a property in Louisiana, he or she cannot recover financial damages.

Premises liability accidents generally include a slip and fall, trip and fall, or construction accident. In order to recover damages, any injuries must be well documented and treated by a physician. Someone hurt while an invitee on another's property may be able to recover medical costs, lost income, and compensation for a variety of other damages. If you experienced an injury due to a hazardous condition on a business or individual's property, a qualified personal injury lawyer can explain the types of damage awards you may be eligible to receive.

Continue reading "Jefferson Parish Woman Sues Boomtown Casino in Louisiana's 24th Judicial District Court Over Slip and Fall" »

On Wednesday, a semi-truck carrying a tanker loaded with chemical waste tipped over on eastbound Interstate 10 near Slidell. The accident occurred around noon after 25-year-old Robert Muccino Jr. reportedly missed his exit and reversed his passenger car into the cab of the moving 18-wheeler. According to Louisiana State Police, 42-year-old Ned Robinson was unable to maintain control of the semi-truck after it was hit and the entire rig overturned in the median. Both drivers and a passenger in Muccino's vehicle were hospitalized following the crash.

The 18-wheeler was carrying 4,000 gallons of spent caustic retrieved from an Exxon refinery in Chalmette earlier in the day. Immediately following the accident, the corrosive waste began leaking from the tank it was being carried in. According to St. Tammany Parish 1st Fire Protection District Chief Larry Hess, the leaking chemical did not pose an inhalation threat but it was capable of causing contact chemical burns. State Police Hazardous Materials clean-up crews reportedly laid sand around the tank before drilling a hole in it to siphon out the liquid waste. The chemical waste was then transferred to another container before police hauled the mangled 18-wheeler away. Although the accident is still under investigation, Muccino was ticketed for improper backing.

Louisiana citizens spend countless hours in their automobiles each year. Unfortunately, so much time spent in motor vehicles means car accidents are also a grim fact of life. Automobile collisions are the leading cause of personal injury claims filed in our state each year. Car accidents like this one may be caused by a variety of factors including inattentive, reckless, or impaired drivers. Other causes can also include motor vehicle defects and hazardous road conditions. Although many motor vehicle collisions are simple fender benders, they can potentially result in tragic fatalities. Both drivers and passengers hurt due to someone else's negligence may be entitled to receive monetary damages for medical bills, disability, suffering, pain, loss of income, loss of enjoyment of life, and wrongful death. Whenever you are injured in a car accident, it is a good idea to discuss your case with an experienced personal injury attorney.

Continue reading "Chemical Waste Spilled After Driver Backs Into 18-Wheeler on I-10 Near Slidell" »

A Transocean employee injured onboard the Deepwater Horizon semisubmersible drilling rig asked U.S. District Judge Carl Barbier to allow him to go forward with a separate trial. 44-year-old Buddy Trahan was onboard the vessel on April 20, 2010 when multiple explosions occurred while the rig was drilling BP's Macondo well in the Gulf of Mexico. The explosions killed 11 workers and severely injured dozens more. A nonjury trial to determine fault for the subsequent oil spill is set to begin in New Orleans on March 5th.

Judge Barbier has refused to consider personal injury and wrongful death claims associated with the Deepwater Horizon accident. Instead, he stated he will address such claims after a determination of fault is made against BP, Transocean, and other companies who had ownership in or performed work on the well. Trahan and the relatives of about a dozen other Transocean employees who have not settled their claims against BP have previously requested their personal injury and wrongful death lawsuits be allowed to move forward. Judge Barbier has failed to rule on their requests.

Trahan was arguably the most severely injured Deepwater Horizon accident survivor. He reportedly almost bled to death after being thrown more than 30 feet through a wall during the initial explosion. Both of his legs were broken, his knee was shattered, and his neck was pierced by flying metal. His clothes were also allegedly burned off of him. Since the disaster, Trahan has undergone nine surgeries and purportedly suffers from post-traumatic stress. His eardrums also burst during the rig explosions.

An accidental personal injury can occur in any number of settings. In Louisiana, a person hurt as a result of someone else's negligence can normally recover for mental suffering, physical suffering and pain, medical costs, disability, loss of enjoyment of life, and lost wages or lost earning capacity. The compensation a personal injury victim may receive depends heavily on the extent of his or her injuries, as well as the facts of each individual case. An experienced personal injury lawyer can assist you with evaluating your claim and negotiating a fair settlement.

Continue reading "Transocean Employee Seeks Separate Deepwater Horizon Personal Injury Trial " »

A St. Landry Parish man filed a Jones Act claim after he allegedly suffered burns while aboard a sinking offshore vessel. Earlier this month, Marc Mayer filed a lawsuit in New Orleans federal court against TK Marine Services, TK Towing Inc., CCS Energy Services, CCS 7525, and Phoenix Exploration Co. over burn injuries he purportedly received on August 11, 2010. According to Mayer, he was working onboard the M/V CCS Leader I when the ship unexpectedly began to sink. He claims he was burned during the event.

In his lawsuit, Mayer accuses the defendants of several acts of negligence including the failure to provide a safe working environment, properly maintain the vessel, provide workers with the proper safety equipment, and discover and correct unsafe vessel conditions. The companies are also accused of maintaining a vessel that was not seaworthy, providing inadequate supervision, failing to provide a sufficient number of trained workers, and continuing to employ workers who were careless and improperly trained. Mayer asked the court to provide him with compensation for medical costs, disability, pain, mental suffering, maintenance and cure, and punitive damages. He is also seeking an award of attorney's fees and interest.

Employees injured while they are working offshore generally have no recourse through state workers' compensation laws. Instead, offshore workers are protected by the Jones Act. The Act was passed by Congress in 1920 and allows an employee injured while working onboard a marine vessel to sue his or her employer directly based on the employer's negligence or the ship's lack of seaworthiness. The provisions of the Jones Act provide offshore workers with remedies previously unavailable through normal maritime laws.

To file a Jones Act claim, the vessel on which a worker's injury occurred cannot be affixed to the seafloor and the worker must fit the Act's definition of a seaman. Traditionally, courts have interpreted the Act so that most workers on a marine ship or other vessel are considered seamen. Damages available to an injured seaman under the Act include compensation for personal injuries and maintenance and cure. Non-pecuniary damage awards are prohibited under the Act, however. It can be difficult to determine an offshore worker's status and the amount of damages a hurt worker may be awarded under the Jones Act. If you were injured offshore, it is advisable to contact a qualified Jones Act lawyer to evaluate your case.

Continue reading "St. Landry Parish Man Files Jones Act Claim in New Orleans Over Burn Injuries Received While Onboard Sinking Ship" »

A man who survived an offshore helicopter crash filed a lawsuit against the aircraft's owner and manufacturer in New Orleans federal court. Ferris Clark Sr. is seeking $12 million in damages from Allianz Global Corporate & Specialty AG, Bell Helicopter Textron Inc., and PHI Inc. for injuries he purportedly received as a passenger on a helicopter that crashed while transporting him from an offshore oil platform. Clark alleged the March 2011 crash was the result of a poorly maintained aircraft and a careless pilot.

According to Clark, the Bell manufactured helicopter began to lose altitude and spin in the air immediately before it crashed upside down into the Gulf of Mexico. Clark was allegedly trapped in the cabin by his seatbelt and claims it was extremely difficult to extricate himself from the helicopter's cabin.

The aircraft's manufacturer, Bell Helicopter Textron, is accused of various counts of negligence including producing an unreasonably dangerous product, breaching the express warranty of the manufacturer, providing inadequate operating guidelines, and providing inadequate warnings and instructions. The lawsuit accuses PHI Inc. of multiple counts of negligence including a failure to properly inspect, properly maintain, and properly service the helicopter. The company is also accused of operating an aircraft that was unfit for its intended use, allowing a careless, reckless, and unsafe pilot to operate the helicopter, failing to adequately train and supervise employees, and failing to conduct regular, periodic examinations of its employees.

Clark is seeking compensation for lost income, lost wages, lost earning capacity, disability, medical expenses, suffering, pain, mental anguish, disfigurement, and other damages. He also asked the court to award him interest and court costs.

Although Clark's injury occurred offshore, accidental injuries can happen in almost any setting. In the State of Louisiana, an individual who is injured as a result of someone else's negligence may be able to recover monetary damages for suffering, pain, medical expenses, loss of enjoyment of life, emotional distress, and lost wages or earning capacity. Because the compensation a personal injury victim may receive depends heavily on the facts of each individual case, it is highly advisable to consult with a knowledgeable personal injury lawyer after any accidental injury.

Continue reading "Offshore Helicopter Crash Survivor Sues for $12 Million in New Orleans " »

11 former professional football players have filed a class-action lawsuit in New Orleans federal court against the National Football League (NFL) and football helmet manufacturer Riddell, Inc. The lawsuit alleges that the NFL failed to sufficiently protect football players from concussions and the related risks associated with head injuries. All 11 plaintiffs currently reside in Louisiana and several, including John Fourcade, played for the New Orleans Saints. Other plaintiffs include Tyrone Hughes, Keaton Cromartie, Eric Hill, Curtis Baham, Treverance Faulk, Raion Hill, Maurice Hurst, Keaton Cromartie, Charles Commiskey, Vince Buck, and Tyrone Legette.

Each plaintiff has reportedly suffered physical or mental problems associated with concussions they allegedly sustained while playing professional football in the NFL. The lawsuit claims that the NFL ignored medical evidence directly linking player concussions with traumatic brain injuries. The players also claim the NFL sought to conceal head injury risks to protect their multi-billion dollar enterprise. According to the players' suit, Congress also expressed concern over the way the NFL has handled concussion injury risks.

According to a study conducted in 2000, approximately 60 percent of NFL players surveyed reportedly suffered at least one concussion on the field. 26 percent of the 1,000 players surveyed suffered from at least three concussions. The players who reported receiving a concussion claimed to have experienced more frequent headaches, difficulty with memory and concentration, and additional neurological problems.

Similar recent lawsuits have accused the NFL of choosing to ignore the link between concussions and brain disease. Most of the lawsuits, initially filed in a variety of courts throughout the country, have since been consolidated in a Philadelphia court. At least 30 additional former players are expected to file suit against the league in the near future. The NFL has stated it will defend itself vigorously in response to the lawsuits.

Because of the serious possible effects, any brain injury should always be taken seriously. Even a seemingly minor brain trauma can have a major impact on an individual's long-term functioning. Any head injury can cause unexpected brain damage which may have an effect on thinking, emotions, language abilities, and sensory perception. In addition to the immediate impact of a head injury such as a concussion, any brain injury may also increase the risk for developing other brain conditions over time. If you or someone you love has suffered a traumatic brain injury, it is a good idea to speak with an experienced personal injury attorney.

Continue reading "11 Former NFL Players Sue in New Orleans Over Concussion Risks" »

On February 10th, an East Baton Rouge Parish man filed a lawsuit against several of his previous employers in the 23rd Judicial District Court claiming that he was exposed to unreasonable noise levels at work. Robert T. Firmin sued Exxon Mobil, Entergy Gulf States Louisiana, BASF Corporation, Honeywell International, Star Enterprise, PCS Nitrogen Fertilizer, Hexion Specialty Chemicals, Marathon Petroleum Company, and each former employer's insurance company over his alleged permanent hearing loss.

According to the lawsuit, Firmin claims he suffers from high-range hearing loss after being exposed to repeated and prolonged occupational noise for years. Firmin accused his former employers of battery for failing to notify him of the dangers associated with the noise. He also accused the defendants of negligence for exposing him to unreasonable levels of noise, failing to provide him with proper safety protections and training, failing to provide medical monitoring, failing to keep the noise at a safe level, and failing to alert him to the risks associated with prolonged exposure to loud occupational noises. Firmin asked the court to award him up to $75,000 in damages for disability, medical expenses, suffering, pain, and loss of enjoyment of life.

These days, injuries sustained while at work are all too common. Unfortunately, it can be difficult to navigate the laws put into place to protect workers in Louisiana. Whether an injury takes place on land, at sea, or adjacent to navigable waters will have an effect on which law applies to an employee injury. For most workers who are hurt while working on land in Louisiana, the Louisiana Workers' Compensation Act will generally provide the only avenue for recovery. Workers' compensation benefits are paid to an employee hurt while at work regardless of who caused the injury.

There are exceptions to Louisiana Workers' Compensation Act remedies, however. An employee hurt at work may sue an at-fault third-party for damages beyond those available under traditional workers' compensation laws. Also, the intentional act exception to Louisiana's workers' compensation laws allows an employee to sue an employer for negligence if the worker can demonstrate the employer either consciously desired the physical result or knew it was reasonably certain to occur as a direct result of the employer's conduct. If you were hurt on the job, it is a good idea to contact an experienced workers' compensation attorney to assist you in determining your rights.

Continue reading "East Baton Rouge Parish Man Sues Former Employers Over Permanent Hearing Loss" »

A man allegedly injured in an automobile accident filed a federal lawsuit in New Orleans against St. Charles Parish, Vernon Joseph St. Pierre, Jr. in his capacity as President of St. Charles Parish, the St. Charles Parish Council, the State of Louisiana, and the United States Army Corps of Engineers. On February 14, 2011, Dustin Michael Schexnayder, Sr. was purportedly driving on a road through the Bonnet Carre Spillway. Schexnayder claims he sustained severe trauma to his head as well as other injuries when his car left the roadway and landed in a nearby drainage ditch.

According to Schexnayder's lawsuit, the roadway failed to have a guard rail installed despite its proximity to a dangerous drop off. He accuses the defendants of several counts of negligence including failing to properly maintain the roadway, failing to install safety devices to protect drivers from the drop off, failing to properly mark the road, failing to install guard rails near drainage ditches, and failing to properly supervise the roadway. Schexnayder also claims the road's condition at the time of his accident demonstrates defendants' blatant neglect of their duty to maintain a safe road environment.

Schexnayder asked the New Orleans court to compensate him for his head trauma, physical pain and suffering, emotional distress, permanent disability, loss of income, medical expenses, and other damages. His mother also asked the court to award her damages for loss of love and affection, loss of consortium, court costs, and other damages.

A brain injury should always be taken seriously as its effect can range from mild to extremely severe. Even a minor trauma to the brain can have a significant impact on an individual's long-term functioning. Brain damage from a head injury can affect thinking, language abilities, emotions, and sensory perception. Approximately two million Americans suffer some degree of brain trauma each year. Brain injuries can be devastating and life-altering. It is estimated that 5.3 million people in the United States require daily long-term care as a result of a traumatic brain injury. A brain injury may also increase the risk for developing other brain conditions over time.

Treatment of brain injuries can be extremely expensive as medical costs can easily exceed tens of thousands of dollars. If the victim of a traumatic brain injury requires daily care or assistance, treatment costs soar even higher. If you or a loved one has suffered a brain injury in an accident, you are advised to seek the assistance of an experienced personal injury lawyer.

Continue reading "Man Sues St. Charles Parish Over Traumatic Head Injury" »

Five people died in a head-on crash on Interstate 10 near LaPlace early Friday morning. According to Louisiana State Police, a Jeep Cherokee headed in the wrong direction on the elevated westbound interstate lanes struck another vehicle carrying four people around 3 am. Immediately following the initial crash, an 18-wheeler struck both vehicles and the Jeep burst into flames. Additionally, another westbound car struck the semi. Everyone involved in the head-on crash died at the scene while the drivers of the other two vehicles were treated for minor injuries. Due to the severity of the accident, police could not comment on whether those killed were male or female.

Prior to the crash, state police apparently received several reports of a Jeep traveling on the wrong side of the freeway. Unfortunately, officers were unable to reach the driver before the accident occurred. According to State Trooper Nick Manale, it is unclear why the Jeep was driving in the wrong direction on I-10. An autopsy will be conducted on the driver of the Jeep in order to determine whether drugs or alcohol were a factor in the deadly crash. Manale stated that although driver impairment may have factored into the crash, all possible causes are still under investigation. Westbound I-10 was closed for almost five hours following the crash.

People in Louisiana spend countless hours in their cars each year and tragic accidents are an unfortunate fact of life. Regrettably, most of the personal injury claims filed in Louisiana each year result from auto accidents. Motor vehicle crashes may be caused by a variety of factors including impaired, inattentive or reckless drivers, automobile defects, and dangerous road conditions. A vehicle crash can range in severity from a minor fender bender to a deadly accident. People injured in a car accident may be entitled to receive money damages for past and future medical bills, pain, suffering, loss of income, loss of enjoyment of life, disability, and wrongful death. If you were injured in an automobile crash, an experienced attorney can help you evaluate your personal injury claim.

Continue reading "Five People Killed in I-10 Head-On Collision Near New Orleans" »

A 14 year veteran of the New Orleans police force was arrested on hit-and run charges for an accident which allegedly occurred last September in the city's Lower Garden District. The New Orleans Police Department's Public Integrity Bureau also placed 38-year-old Roger J. Jones, Jr. on emergency suspension without pay based on allegations that he drove recklessly, ignored a traffic signal, hit a parked car, and left the scene of an accident.

Jones was previously booked on charges stemming from another hit-an-run crash which purportedly took place on the same day in Jefferson Parish. According to investigators, Jones allegedly crashed his New Orleans Police Department vehicle in Metairie. After a Louisiana State Trooper visited Jones' home, smelled alcohol on his breath, and observed damage to the cruiser, Jones told the Trooper he hit a curb and a pole. Upon further investigation, there was no sign of an accident where Jones claimed the damage to his vehicle occurred. While on the scene, an alleged hit-and-run by a police cruiser at another location was reported to police. Police became suspicious after learning the vehicle purportedly hit was red and part of the damage to Jones' cruiser included red paint streaks. Jones is currently awaiting trial in that case.

Jones previously served in the city's 8th District as a "quality of life" officer. Prior to his latest arrest, Jones was placed on desk duty over the charges in Jefferson Parish. A spokesperson for the New Orleans Police Department stated that more details regarding Jones' arrest will be revealed at a later time. Donovan Livaccari, Jones' attorney, believes the arrest was unnecessary and local police should have instead issued a summons in accordance with departmental policy. Of the 6,000 hit-and-run accidents in New Orleans last year, only 200 individuals were physically arrested.

Cars are an essential part of daily life for most Americans. Car accidents may be caused by a number of factors including drivers who disregard rules of the road, inattentive drivers, and those who drive while drunk or intoxicated. If you were hurt in a car accident, an experienced personal injury lawyer can help you evaluate your claim and determine the appropriate amount of compensation you deserve based on your injuries and the facts of your case.

Continue reading "New Orleans Police Officer Arrested for Second Hit-and-Run Accident" »

The wife of a man who purportedly died from considerable exposure to asbestos has filed a lawsuit in New Orleans federal court against five companies for their alleged failure to warn her husband of the hazards associated with the product. 72-year-old Joseph Frazier died from mesothelioma in 2004 after more than 50 years of exposure to asbestos and asbestos-containing products at work sites in a variety of states. Earlier this month, his wife filed suit against Certainteed Corp., Owens-Illinois Inc., Crown Cork & Seal Company Inc., Georgia-Pacific Corp., and Crane Co. as the personal representative of his death beneficiaries.

The lawsuit claims Frazier was exposed to asbestos while employed by the United States Army, Illinois Fibre Specialty Co., Illinois Roofing & Insulation, Midwest Industrial Siding Inc., Wynwood Builders Inc., L&S Roofing & Insulation, Abbey Home & Builders, Welso Construction Co., and JD Frazier Building Co. The five companies listed in the complaint are the successors to Frazier's previous employers. Frazier's wife has accused the companies of negligence and stated they should be held strictly liable for a failure to warn Frazier of the dangers related to asbestos exposure, failure to place sufficient warnings on products which contain asbestos, failure to provide Frazier with the proper safety equipment, failure to implement and follow a safety plan, and failure to remove products which contain asbestos from the marketplace.

Frazier's widow has asked the New Orleans court to award damages for her own metal anguish and her husband's mental anguish, conscious suffering and pain, disability, loss of enjoyment of life, disfigurement, and medical expenditures. She has also asked for an award of punitive damages, court costs, and interest. Interestingly, this case was initially filed in Mississippi and dismissed for lack of jurisdiction. The case was later filed in both Alabama and Louisiana. Frazier's widow has requested a jury trial in Louisiana and stated she will ask that the case in Alabama be dismissed.

Mesothelioma is a rare form of lung cancer. It has been linked to exposure to asbestos and asbestos-containing products. Mesothelioma often occurs in construction workers, shipyard workers, miners, and those employed in industries where asbestos was commonly used. Because symptoms may not appear for many years after exposure, it can be difficult for mesothelioma victims to determine exactly when they were exposed to asbestos. The medical costs associated with mesothelioma treatment are generally quite high. An individual suffering from mesothelioma may be eligible for compensation for medical costs, pain and suffering, lost wages, and relatives may be eligible for death benefits. If you have questions about your mesothelioma diagnosis, a knowledgeable personal injury lawyer can assist you with evaluating the facts of your case.

Continue reading "Lawsuit Filed in New Orleans Federal Court over Asbestos Death" »

A mother recently filed a wrongful death lawsuit against three Texas oil companies on behalf of her minor children in New Orleans federal court. On January 30th, Amy Richard Howell filed a lawsuit against Hillcorp Energy Company, Sparrows Offshore, and Avante Services seeking damages for the death of her children's father, Philip Kliebert. Kliebert died on April 18, 2011 while working for Alliance Oilfield Services to plug and abandon an exposed oil well. According to Howell's lawsuit, the accident was allegedly caused when a crane operator employed by Sparrows Offshore swung equipment in such a way that it caused Kliebert to fall approximately 28 feet into an open oil well.

Howell has accused the three oil companies named in her complaint of multiple acts of negligence. She claims the companies failed to warn Kliebert, failed to provide a safe working environment, failed to provide sufficient lighting for the project, failed to provide proper protective equipment, failed to ensure the proper safety equipment was used by workers, failed to properly supervise the crane operator, failed to provide a competent and qualified crane operator, and failed to implement a proper Job Safety Analysis prior to commencement of the task. She also claims the companies committed further acts of negligence by failing to properly supervise the oil well workers, failing to provide a crane that was in good repair, and by hiring incompetent and inexperienced contractors to complete the task.

Howell is asking the court to award her children compensation for loss of love and affection, loss of financial support, loss of society, and funeral expenses. She also seeks survival damages for Kliebert's suffering and pain, medical expenses, loss of enjoyment of life, and loss of earning capacity.

Thousands of deaths occur each year as a result of tragic and preventable accidents. An award of damages for wrongful death provides compensation to the family members of a person who was killed through another party's wrongful act or negligence. In the State of Louisiana, only a surviving spouse, children, parents, or guardians may pursue a wrongful death lawsuit. In some limited circumstances, other relatives such as siblings or grandparents may also be entitled to file a wrongful death case. Louisiana's statute of limitations only allows relatives to file a wrongful death lawsuit within two years from the date of a loved one's death. Due to this limited time-frame, it is very important that you speak with a personal injury attorney as soon as possible after an accident resulting in death.

Continue reading "Wrongful Death Lawsuit Filed in New Orleans Federal Court after Worker Falls 28 Feet into Oil Well" »

In yet another possible hit for the cruise industry this year, a ship scheduled to depart from the Port of New Orleans on Saturday was delayed for several hours due to a purported stomach virus outbreak. The Royal Caribbean Voyager of the Seas is one of three cruise ships in the United States suspected of a weekend norovirus outbreak. Two ships based out of Florida, the Ruby Princess and the Crown Princess, also reported a similar outbreak of illness.

According to Louisiana state epidemiologist Raoult Ratard, the nation's Centers for Disease Control (CDC) informed him of a possible outbreak on Friday before the Voyager of the Seas returned to port. The CDC did not disclose to him exactly how many arriving passengers were ill, however. It is estimated that approximately 200 passengers who returned on the ship Saturday suffered from vomiting and diarrhea due to the virus. Ratard also stated the outbreak was not large and up to 3,000 individuals may be ill due to norovirus exposure on any given day in the City of New Orleans alone.

The virus outbreak caused concern due to the close quarters associated with cruise travel. Any illness can spread quickly in such an environment. On Saturday, officials in New Orleans took extra precautions to thoroughly clean and sanitize the ship in the hopes of avoiding any additional passenger exposure to the virus on the 15-deck, 3,100-passenger cruise ship. After the ship was decontaminated, the Voyager of the Seas departed New Orleans on a seven day trip.

Accidental personal injuries can arise in any number of settings. In Louisiana, an individual who is hurt due to another person's negligence may generally recover for mental and physical suffering and pain, medical expenses, loss of enjoyment of life, and lost wages or earning capacity. The compensation a personal injury victim may receive is highly fact specific, and will depend heavily on the extent of the injury. A qualified personal injury attorney can help you evaluate your claim and negotiate a fair settlement.

Continue reading "New Orleans Cruise Ship Departure Delayed Due to Alleged Virus Outbreak" »

The Third Circuit Court of Appeals of Louisiana held a worker who tested positive for both marijuana and Xanax following a 2008 workplace injury was entitled to receive workers' compensation benefits.

Deloris Stenson was employed as a waitress at Pat's of Henderson Seafood when she allegedly tripped over a box of potatoes left in the walkway of a food preparation area. Stenson immediately went to the emergency room at a local hospital for her injuries. While being treated, she was also tested for drugs and alcohol in accordance with restaurant policy. After Stenson tested positive for marijuana and Xanax, her employer's insurer denied all workers' compensation benefits except for the costs associated with her emergency room visit.

Because Stenson had a prescription for Xanax and admitted to taking the drug for a back problem on the day of the accident, a workers' compensation judge determined intoxication was not a cause of her accident. The judge ordered the restaurant to pay Stenson temporary total disability benefits and medical benefits. Following the workers' compensation judge's ruling, her employer appealed to Louisiana's Third Circuit.

On appeal, the restaurant argued a valid drug prescription did not overcome the presumption in Louisiana Revised Statutes 23:1081 that Stenson was intoxicated at the time of her accident. Her employer also argued that the workers' compensation judge should not have taken the prescription into account when determining whether or not Stenson was intoxicated.

Louisiana's Third Circuit Court of Appeals, however, agreed with the workers' compensation judge, reasoning that although the restaurant met its burden of proof regarding its employee's alleged intoxication with her drug test results, the burden then shifted to Stenson. Once the burden shifted, it was up to Stenson to prove her drug use was not a contributing case of her accident. The Appellate Court also found that although Stenson admitted to smoking marijuana four days prior to the accident, there was no reason to believe it was manifestly erroneous for the workers' compensation judge to find Stenson overcame the intoxication presumption. Because no one offered testimony stating that Stenson appeared intoxicated on the day of the accident, the Appeals Court upheld the workers' compensation judge's ruling.

When an employee is hurt at work in Louisiana, workers' compensation laws generally afford the only avenue for recovery. A worker may be temporarily disabled, permanently partially disabled, or permanently totally disabled as a result of a workplace injury. The Louisiana Workers' Compensation Act provides for a variety of benefits based on the worker's gross earnings at the time the disability began. Benefits should continue until an employee is medically released by a physician to return to work, but in some cases a workers' compensation insurance company may be willing to settle a case for a single lump-sum payment. If you were injured at work, a qualified workers' compensation attorney can help you determine what benefits you may qualify for.

Continue reading "Louisiana's Third Circuit Rules Lake Charles Server Who Tested Positive for Drugs May Receive Workers' Compensation Benefits" »

A worker has filed suit against his employer over injuries he sustained on a ship while swinging from a platform rope. On January 20th, David Thomas filed a lawsuit in New Orleans federal court against Oceaneering International, Inc. According to Thomas, he injured his shoulder on October 27, 2011 while working as a crewmember aboard the DSV Ocean Project. Thomas claims he became injured swinging on a rope from a platform onto the ship while the DSV Ocean Project was engaged in performing commercial diving operations in the Gulf of Mexico.

Thomas has accused his employer of negligence and alleged Oceaneering International failed to provide him with proper safety equipment, a safe working environment, and a properly manned ship. He requested a jury trial and is seeking compensation for maintenance and cure, lost wages and fringe benefits, medical expenses, lost earning capacity, court costs, and attorney's fees.

Workers who are injured at sea usually have little recourse through state workers' compensation laws. Instead, they are protected by the Jones Act, a federal law. The Jones Act was passed by Congress in 1920 to protect marine employees injured while working offshore on a floating vessel. The Act provides an injured employee with the right to sue his or her marine employer directly. For the law's protections to apply, an offshore vessel must be mobile and the injured worker must fit the Act's definition of a seaman. Traditionally, courts have classified a worker's status broadly to include most staff on a ship or other vessel within the definition of "seaman."

Generally, Jones Act claims are predicated on an act of negligence or allegations of a marine vessel's lack of seaworthiness. The Jones Act provides an employee with the opportunity to seek maintenance and cure and recover for personal injuries. The Act does not allow for non-pecuniary awards, however. Determining a marine employee's seaman status and the amount of compensation an injured seaman may receive under the Jones Act can be complicated. If you were injured while working at sea, it is a good idea to consult with an experienced Jones Act attorney to help you determine your seaman status and protect your rights.

Continue reading "Worker Injured on Ship in Gulf of Mexico Sues Employer in New Orleans Federal Court" »