What is a workers’ compensation claim?

Workers’ compensation is government-mandated injury insurance for employees, overseen by the state. It enables injured workers to recover medical care and other benefits without bringing lawsuits against their employers. Employers may pay for workers’ compensation insurance for their employees, or they may be self-insured and handle workers’ compensation claims directly.

What is a personal injury case?

Through an injury claim or civil litigation, an injured person may pursue compensation with evidence that someone or some organization has caused an accident that injured them through negligence.

What is a third-party liability claim?

A third-party liability claim against a negligent person or organization that is not an injured person’s employer is separate from a workers’ compensation claim. An injured worker may find relief after an on-the-job accident or occupational illness through both types of legal actions.

When someone commits wrongdoing or fails to take reasonable precautions to protect the well-being of others, these actions or omissions are called negligence.

A person, business or government agency that is held to be obligated or responsible for compensating someone for injuries and losses is said to be liable.

What are ‘damages’ in a personal injury or premises liability case?

The legal remedy for negligence – usually money that someone may need to pay to cover a plaintiff’s injuries or losses – is often called “damages.” In addition, punitive damages may serve as punishment for negligence.

What is premises liability?

A property owner or manager is considered responsible for the well-being of people who work in, live in or visit their buildings or land. Through a premises liability claim or lawsuit, a store owner or parking lot manager may be liable to compensate customers for on-site injuries.

What is a maritime injury?

Typically, a maritime injury in the United States is one that hurts a worker or passenger on a vessel in U.S. navigable waters. Shore-based accidents may also pertain to the maritime industry.

How are maritime injuries covered?

A maritime accident may be compensable through federal Jones Act claims and other state and federal laws governing vessels on navigable waters, such as rivers and ocean waters.

What is a soft-tissue injury?

A sprained ankle, a herniated disk and neck strains caused by torn muscles or tendons are all examples of soft-tissue injuries.

What is a catastrophic injury?

A life-altering spinal cord injury, traumatic brain injury (TBI) or amputation that may require disability accommodations and personal care for the rest of the injured person’s lifetime is considered to be catastrophic.

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Preparing for the dangers of hurricane season

On Behalf of The Truitt Law Firm, LLC | Apr 22, 2020 | Premises Liability

Louisiana residents know full well the dangers posed during hurricane season. Only a few months away, this June will begin another summer of potentially violent storms for the Gulf region.

Preparing one’s property for hurricane season serves three purposes. It can help prevent or protect against the worst of hurricane damage, offers a family adequate safety during a storm and potentially shields a property owner from liability in a personal injury case.

Protect the community, protect oneself

The following five steps can help Louisiana residents prepare themselves and their neighborhoods for the upcoming 2020 hurricane season:

Understand the local area: Hurricanes can have devastating effects even hundreds of miles inland. Seek out hurricane damage information on the immediate area to better anticipate the potential danger.
Have an evacuation strategy: It may be necessary to evacuate the area completely. Draw up plans with a friend or family member who can reasonably offer shelter during the storms. Putting the plan in writing helps.
Purchase supplies: If staying put, store three days of supplies for each family member. Remember to include water, non-perishable food, first aid, money, a flashlight, batteries and tools like a solar-powered radio or USB charger.
Double-check property insurance policies: Hurricane damage can be very costly for those without comprehensive insurance. An insurance policy review with an agent will be able to answer lingering questions and identify blind spots.
Reinforce the community: Ensure the home is in good repair and compliant with building codes. Neighbors, particularly the elderly, may need assistance fortifying their homes as well. Board up doors and windows with aluminum, steel or plywood panels and tie down anything susceptible to severe winds.

Prevention can avoid liability

Safety is the number one priority during hurricane season, so residents and business owners need to take steps to protect the community and themselves. Though many government agencies will assist with hurricane cleanup, property owners may be liable for any damages caused by debris originating from their property. Securing homes and businesses and double-checking insurance policy should go a long way toward protecting oneself and the community.