Workers’ Compensation Litigation

Our lawyers have substantial experience in the areas of state workers’ compensation and maritime workers’ compensation, including Jones Act and Longshore and Harbor Workers’ Compensation Act cases. Our firm understands and can alleviate the frustrations often experienced by employers and their insurers when litigating workers’ compensation cases. Unlike a typical “personal injury” matter, a workers’ compensation case can continue until the case is either settled, or the employee is able to return work. Our focus when litigating these claims is to take those steps necessary to successfully return the employee to the work force. This result oriented approach is not only beneficial to the employer/insurer, but also to the injured employee. We have access to excellent Vocational Rehabilitation Counselors to assist the employee in returning to the workforce and to minimize the impact on the employer.

In some cases, the evidence may show that the employee is malingering. In these situations, we aggressively defend our client’s interests by obtaining second medical opinions with physicians we know to be competent and able to recognize a malingering claimant. Additionally, we have access to excellent private investigators that will monitor and record a claimant’s activities to assist us in defending these claims. Lastly, in the event that these matters proceed to trial, our attorneys have the knowledge and experience to successfully litigate these claims.

In some cases, return to work may not be possible and the employee may be permanently and totally disabled. In these unfortunate situations, we provide our clients with options to successfully resolve these claims including obtaining Medicare Set Asides to insure that the employee’s future medical care is provided for and to allow the employer/insurer to bring the claim to a conclusion.

In addition to handling employee workers’ compensation claims, our attorneys have experience in filing claims on behalf of the employer/insurer with the Second Injury Fund. In those situations where an employee sustains an on the job injury which qualifies for coverage under the Second Injury Fund, our attorneys will assist the employer/insurer in filing a claim with the Second Injury Fund to obtain reimbursement for benefits paid to or on behalf of the injured employee. We can also assist our clients in obtaining approval and reimbursement from the Second Injury Fund for lump sum settlements.

Recent litigation has been instituted by hospitals/physicians in workers’ compensation courts against employers/insurers arising out of medical benefits paid on behalf of the injured employee. Literally thousands of lawsuits have recently been filed by hospitals and physicians against employers and their insurers. In many of these cases, the physicians and hospitals claim that the employer/insurer are not allowed discounts pursuant to P.P.O. Contracts, despite the fact that the hospital/physician entered into agreements with the P.P.O company and insurer to allow such deductions. These hospitals/physicians are seeking thousands of dollars in penalties and attorneys fees for discounts taken of less than $20.00. This disturbing new trend potentially subjects employers/insurers to millions of dollars in liability. Our attorneys are currently defending these claims on behalf of our clients and would like to assist you in defeating these claims.

Whether you have one employee or a thousand, our attorneys would like to assist you with your workers’ compensation claims. Contact our Louisiana or Florida office to learn more.

Back to Top