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Personal Injury

OSHA Stairs and Ladders Requirements to Maintain a Safe and Effective Workplace

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Important Timelines When Filing A Workers’ Compensation Claim Big cities, such as Baton Rouge, Louisiana, depend heavily on successful construction work. They help keep the city’s economy going and promote dynamic growth. However, these processes must come at a cost other than worker health and safety. An increased risk of injuries and accidents can characterize any line of work. However, compared to others, the construction industry has a higher rate of injuries and accidents, as evidenced by simple statistics. The hazardous nature of work on construction sites characterizes the construction industry. It makes workers more vulnerable to injuries that can affect the rest of their lives. However, there are safety rules that, if followed, can significantly reduce the risk of workplace injuries and deaths. Statistics U.S. Bureau of Labor Statistics states that 5,190 fatal work injuries were recorded in the U.S. in 2021, an 8.9-percent increase from 4,764 in 2020. One worker died every 101 minutes from a work-related injury in 2021. Work-related fatalities due to falls, slips, and trips increased by 5.6 percent in 2021, from 805 deaths in 2020 to 850 in 2021. Slips, falls, and trips in construction and extraction fields accounted for 370 of these fatalities in 2021, an increase of 7.2 percent from 2020 when there were 345 fatalities. Construction and extraction works had the second most occupational fatalities (951) in 2021, despite experiencing a 2.6-percent reduction in fatalities from 2020. Construction Injury A construction site is a high-risk area. However, companies and investors may be more interested in a project’s financial side than workers’ health and lives. Unfortunately, profits may matter more than severe or even fatal injuries. Causes Of Construction Injuries Construction site injuries are usually the result of noncompliance with safety procedures or an irresponsible attitude toward one’s duties. It can also be the outcome of the following: lack of or inadequate maintenance of the technical equipment used in the job, resulting in the operation of defective machinery; unsatisfactory maintenance and shortcomings in the organization of workplaces; unsatisfactory technical condition of buildings, constructions, and territories; shortcomings in the training of safe work practices; violation of labor and production discipline; falling from a height; failure to use protective equipment; Use of a worker not following his specialty, etc. Types Of Construction Injury Above are the most common causes that can provoke construction injuries. But what kind of injuries are these? Workers can suffer injuries of varying severity. They can be: Vision impairment or blindness Knee and ankle injury Injury to the neck, shoulder, or back Broken bones Trauma to the spinal cord Brain and head trauma Illnesses caused by toxic chemical exposure In addition, there may be tragic incidents, such as the death of a worker. Such injuries can result in partial or complete loss of ability to work. Stairs And Ladders Oddly enough, one of the most common causes of construction injuries is stairs and ladders. It is dangerous to work near or on stairways and ladders. For instance, stairways and ladders are significant causes of accidents and fatalities among construction workers. Many of the injuries are severe enough to necessitate time away from work. The OSHA safety and health regulations apply to all stairs and ladders used during the construction, alteration, painting, repair, destruction, and decorating worksites. Ladders Employers must install all ladder and stepladder fall protection systems required by these regulations and ensure their workplace meets all constraints before employees use it. Based on the requirements established by Occupational Safety and Health Administration (OSHA) 1910.23, we can formulate the general guidelines for all ladders which, if not followed, may result in serious injury: Ladders should be kept free of oil, grease, and other hazardous substances that can cause slipping; Do not overload the ladders beyond their standard load capacity; Ladders should be used only for their intended purpose and only on stable and level surfaces unless secured; It would be in your interest if you did not use the ladders on slippery surfaces unless they have anti-slip feet to prevent accidental movement or are secured, Ladders should always be secured where you can displace them by work activities or traffic; Areas around the edges of the ladder should be kept clear; Ladders should not be moved or repositioned while in use; It would be best if you face the ladder when walking on it; Hold on to the ladder with at least one hand when climbing; Keep appropriately sized objects on the ladder to maintain balance and prevent falls. In addition, there are also technical requirements for ladder equipment: The ladder’s rungs, fasteners, and steps shall be parallel, level, and evenly spaced when the ladder is in its position for use. Rungs, latches, and steps of portable and stationary ladders shall be at least 10 inches apart and more than 14 inches along the ladder’s side railings. Rungs, rungs, and steps of stepladders shall be at least 8 inches apart and more than 12 inches between the center lines of rungs, rungs, and steps. The rungs and steps in the base of retractable trestles must be no less than 8 inches apart and no more than 18 inches between the center lines of the rungs and steps. Ladders may only be spliced or stapled together to create longer sections if they are specifically designed and intended for such use. When side railings are combined, the resulting side rung must be equivalent in strength to a solid side rung of the same material. Ladder elements must be coated to prevent entrapment of clothing and injury from punctures or cuts. Stairs Regulations concerning stairs and their components generally depend on how and when you will use them. In particular, there are rules for stairs used during construction and stairs used temporarily during construction, as well as regulations governing stair railings and handrails. As per OSHA 1910.25 (b)(7), standard stairs provide access from one walkable work surface to another when operations require regular and routine movement between levels, including access to work

Personal Injury

Important Timelines When Filing a Workers’ Compensation Claim

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Important Timelines When Filing A Workers’ Compensation Claim You go to work to earn a living to support yourself and your family. You do not expect to be involved in a workplace accident that results in serious injury. Unfortunately, injuries sustained on the job are very common, and they can seriously impact every area of your life. All employers in Louisiana are required to carry workers’ compensation insurance, even if they only have one employee. As such, if you have been hurt, you likely have a right to file a workers’ compensation claim. If you are successful with your workers’ compensation claim, you can recover your medical expenses and a portion of your lost wages. You only have the right to claim these benefits, though, if you file your claim on time. Below, our Baton Rouge workers’ compensation lawyer outlines the most critical timelines in workers’ compensation claims. Timeline For Reporting The Accident To Your Employer You should report any accident resulting in injury to your employer as soon as possible. This will ensure you receive the immediate medical treatment you need and possibly give your employer notice that you will be unable to work for a period of time. Under the law, you have 30 days to report workplace accidents to your employer. If you do not tell your employer about your injury within this time, you may lose your right to file any workers’ compensation claim. Timeline For Obtaining Medical Benefits If medical benefits have not been paid yet for a workplace accident, employees have one year from the date of their injury to file a claim for medical benefits. However, if medical benefits have been paid and employees need additional benefits in the future, the time limit is three years from the date of the last payment to file a medical benefits claim. This time limit is known as the prescriptive period under Louisiana law, which is commonly known as the statute of limitations in other states. Timelines For Lost Wages, Or Indemnity, Benefits Like medical benefits, if an employee has not received any benefits for lost wages, or indemnity, the worker has one year from the date of the accident to file a claim. If the employee has received either medical or indemnity benefits, they have one year from the date of the last received payment to pursue additional benefits such as Temporary Total Disability (TTD), Permanent Partial Disability (PPD), or Permanent Total Disability (PPD) benefits. Timelines For Occupational Disease Claims Sometimes, employees are hurt not because of an accident but rather by continuous exposure to hazardous conditions. These injuries are known as occupational illnesses, and they have a different timeline than injuries caused by workplace accidents. Employees who suffer from an occupational disease must file Form 1008 within one year of: The manifestation of the disease, The employee sustaining a disability caused by the disease, or The employee knows, or has reason to suspect, the disease is occupational Employees must file within one year of whichever of the above occurs last. For example, an employee may be diagnosed with an occupational illness such as mesothelioma. If the employee learns six months after the diagnosis that they were regularly exposed to asbestos on the job and that caused the occupational illness, they have one year from the date of that discovery to file a workers’ compensation claim. The Developing Injury Rule Not all injuries are apparent right away. There are times when an employee is in a workplace accident, but they are not immediately disabled. Over time, though, the employee may suffer from a developing injury, and now they need benefits to help with their recovery. Under state law, an injury develops when it is evident the employee can no longer perform their employment duties. In these cases, injured workers can file a claim within one year of developing the injury but no later than three years after the initial accident. If proceedings in a developing injury case start two years after the accident but before the three-year deadline expires, workers are sometimes entitled to receive Temporary Total Disability (TTD) benefits for up to six months. Our Workers’ Compensation Lawyer In Baton Rouge Will File Your Claim On Time If you have been injured at work, you may be eligible for benefits, but it is critical to make sure your claim is filed on time. At Big River Trial Attorneys, our Baton Rouge workers’ compensation lawyer will handle every aspect of your claim and ensure it is filed properly and on time so you do not forfeit your rights. Call us now or contact us online to schedule a consultation and learn more.

Personal Injury

Frequently Asked Questions When Recovering From a Traumatic Brain Injury

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Frequently Asked Questions When Recovering From A Traumatic Brain Injury Over 5.3 million adults and children throughout the country suffer from permanent brain injuries and disabilities, according to the Brain Injury Association of America (BIAA). To put that in perspective, that means that approximately one in 60 people currently live with a traumatic brain injury, commonly referred to as a TBI. TBIs are caused by car accidents, slips and falls, assault, abuse, and other serious accidents. Recovering from a TBI is very difficult, and they often cause ongoing symptoms that can be challenging to treat. In the aftermath, it is not uncommon for victims to suffer from physical, mental, and emotional issues that are debilitating. Victims often have questions immediately after sustaining the injury and during their recovery. Below, our Baton Rouge TBI lawyer outlines the most frequently asked questions and their answers. What Is A Traumatic Brain Injury? Traumatic brain injuries are caused by a sudden jolt or blow to the head. In other instances, TBIs are a result of an object penetrating the skull and the brain. The majority of TBIs are closed-head injuries, which keep the skull and brain matter intact. Regardless of the type of injury sustained, a TBI can result in bleeding or swelling in the brain, as well as damaged nerve cells. Traumatic brain injuries differ from other types of injuries caused by stroke, oxygen deprivation, or tumors. These latter types of injuries are known as acquired brain injuries (ABIs). How Are Traumatic Brain Injuries Treated? Seeking medical attention after any accident is critical, but it is even more important after suffering a traumatic brain injury. The treatment one will receive depends on the seriousness of the TBI and the nature of the injury. For example, a concussion will require a very different treatment than bleeding inside the brain. Individuals suffering from a severe TBI may require emergency surgery to slow swelling in the brain. On the other hand, some people may need equipment such as a ventilator to assist with their breathing. Traumatic brain injuries often cause people to lapse into a coma while other times, doctors may medically induce a coma, which provides the brain with a chance to recover and start healing. How Long Does Recovery Take From A Traumatic Brain Injury? Unfortunately, there is no way to determine how long treatment for a TBI may take. There is also never a guarantee that individuals suffering from a TBI will make a full recovery and that they will not experience symptoms and limitations in their physical ability in the future. Several factors will affect how long it takes someone to recover from a TBI. These include the accident victim’s age, the amount of early intervention they received, the severity of the injury, the amount of family support they have, and the quality of the medical care they receive. For some individuals, a mild or moderate TBI can have very few long-term impacts on the quality of their life. Sometimes, there are no long-term consequences at all. Concussions, for example, are often considered mild TBIs, with victims making a full recovery in a matter of days or weeks as long as they rest sufficiently. Moderate brain injuries may take longer to heal and require weeks or months of rehabilitation. Moderate TBIs can also cause temporary or permanent emotional or behavioral changes. The most severe TBIs can cause an individual to lapse into a permanent vegetative state or even suffer wrongful death. Even when victims survive, they may require months, years, or a lifetime of rehabilitation and hospitalization. Can Previous Head Injuries Show Symptoms Years Later? Recent research has shown that head injuries can continue to cause problems years after they were sustained. Sustaining multiple TBIs can cause many conditions, such as chronic traumatic encephalopathy (CTE), while even sustaining just one concussion can place a person at risk of developing post-concussion syndrome. Post-concussion syndrome has many symptoms, including dizziness, headaches, memory issues, trouble concentrating, changes in mood and behavior, and more. Our TBI Lawyer In Baton Rouge Can Help After A Head Injury Traumatic brain injuries are extremely serious, and you may feel the effects for months, or even years, afterward. If you sustained a TBI during an accident caused by someone else’s negligence, our Baton Rouge TBI lawyer at Big River Trial Attorneys can help you claim the compensation that is justly yours. Call us now or contact us online to schedule a consultation with one of our experienced attorneys and to learn more about how we can help you claim the full compensation you deserve.

Personal Injury

Understanding Wrongful Death Lawsuits in Baton Rouge

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Understanding Wrongful Death Lawsuits In Baton Rouge An accident can happen in an instant, and afterward, your life will be forever changed. When an accident is so severe that your loved one does not survive it, you will mourn them for the rest of your life. In these instances, you can file a wrongful death lawsuit to claim compensation for the losses sustained during the accident. Wrongful death lawsuits are complex, and many people do not fully understand them. If you have lost someone, our Baton Rouge wrongful death lawyer outlines the most important things you need to know. Who Can File A Wrongful Death Lawsuit? Not everyone can file a wrongful death lawsuit. In fact, only people who are related to the decedent can file a claim, and even then, only specific relatives can file. The people who can file a wrongful death lawsuit include: The spouse of the deceased When there is no surviving spouse, the decedent’s adult children can file a claim If the decedent did not have adult children, or the children have passed away, the parents of the victim can file a wrongful death lawsuit When the decedent did not have any of the above surviving relatives, the victim’s siblings can file a wrongful death claim Sadly, significant others and fiancees of accident victims cannot file a wrongful death claim. Although this is unfair, it is the law in Louisiana, and in fact, it is the law in most states. The Statute Of Limitations In Wrongful Death Claims Like all personal injury claims, wrongful death claims are governed by a statute of limitations. The statute of limitations is the time limit eligible individuals have to file their claim. If a wrongful death claim is not filed before the statute of limitations expires, the person filing, as well as any other beneficiaries, will lose their right to file. In Baton Rouge, as throughout the rest of Louisiana, individuals have only one year from the date of death. It is important to note the statute of limitations does not start on the day of the accident that caused the wrongful death but rather on the actual date of death. For example, your loved one may have been involved in a very serious car accident. They may have spent three weeks in the hospital before succumbing to their injuries. The statute of limitations would start on the day the person passed away and not the date of the car accident. Damages You Can Recover In A Wrongful Death Lawsuit The legal term for the financial compensation you can receive after a wrongful death is ‘damages.’ Damages are intended to compensate the person filing, and other surviving family members, for the losses they experienced due to the death. The most common damages in wrongful death claims include: Funeral expenses Medical bills incurred due to the death Loss of benefits, such as retirement funds and medical coverage Loss of future income Loss of inheritance due to the unexpected death Pain, suffering, and emotional anguish Loss of consortium Loss of support and companionship provided by the deceased Loss of enjoyment of life In some cases, when the person who acted negligently caused the death acted with gross negligence or wanton disregard for the safety of others, punitive damages are sometimes awarded. These damages are rarely awarded, and they are not meant to compensate family members for their loss but rather to punish the defendant for their actions. While only certain individuals can file a wrongful death claim, others may recover some damages, as well, even if they did not file. Surviving spouses and children often obtain the bulk of damages in a wrongful death lawsuit. When a minor child is the victim of a wrongful death, it is usually the parents that recover damages. However, this is not usually the case when an adult child passes away due to someone else’s carelessness. Although some states place a cap, or limit, on the amount of damages loved ones can recover, this is not true in Louisiana. If you have lost someone you love, you can recover the full and fair damages to which you are entitled. The only exception to this is when a death is due to medical malpractice. In these cases, damages are capped at $500,000. Our Wrongful Death Lawyers In Baton Rouge Can Assist With Your Case You may be eligible for compensation after losing a loved one, but while you are grieving is not the time to try and recover them on your own. At Big River Law, our Baton Rouge wrongful death lawyers will walk you through the claims process and negotiate with the liable party to ensure you receive the maximum damages you deserve. Call us now at 225.963.9638 or contact us online to schedule a consultation.

Personal Injury

The Importance of Black Boxes in Truck Accidents

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The Importance Of Black Boxes In Truck Accidents A truck accident is an extremely scary experience. Tractor-trailers, 18-wheelers, and other commercial trucks can weigh up to 80,000 pounds when they are fully loaded with cargo. Compare that to the mere 4,000 pounds passenger cars usually weigh, and it is easy to see the immense damage trucks can do on the road. When a negligent truck driver or trucking company causes an accident, you can claim financial compensation for your injuries and other losses. However, like many other truck accident victims, you may find obtaining the full and fair compensation you deserve to be challenging. To obtain the full amount of damages, you must show that the truck driver was at fault. The black box located within the truck that hit you is one of the best pieces of evidence you can use in your claim. What Is The Black Box In A Truck? Most commercial trucks on the road today are outfitted with a black box. These devices are not required by law, but they have been installed in most tractor-trailers that are on the road today. Black boxes are also known as event data recorders (EDRs) or electronic control modules (ECMs). Both types are computerized systems that record the physical properties of a truck while it is in operation. Essentially, both types of black boxes record the actions of a truck or truck driver in the moments leading up to an accident. This information can include: The speed of the truck before the accident Sudden deceleration or acceleration before the crash Whether the brakes in the truck were applied and when they were used Whether cruise control was used before the accident Whether the driver was wearing a seat belt at the time of the crash The revolutions per minute (RMPs) between stops The number of hard stops that were made The pressure in the tires of the truck GPS data Black boxes can also record data regarding how the truck was used. For example, a black box can record how long and where a truck was driven. Some models of black boxes can also record important communication between the truck driver and the trucking company. For example, emails from a trucker to their employer can include information about mechanical failures, driver fatigue, and other information that could help your case. Why Is Black Box Data Important? Black boxes store a vast array of information. The information is critical to a personal injury claim because these cases often involve the accident victim’s word against that of the trucker or the trucking company. Even eyewitness statements are not always helpful. For example, a bystander may not be able to identify that a truck driver was speeding or that they had violated the federal hours of service rule. A black box will precisely identify the factors that could have contributed to a crash, so injured inh2iduals can obtain the full and fair damages they are entitled to. Challenges Associated With Obtaining Black Box Data While the information within a black box is very useful in personal injury cases, it is not always easy for accident victims to obtain. The black box is under the control of the trucking company immediately following the accident. The trucking company knows how valuable the information is when a claim is filed against them, and they do not give it up willingly. To add to this challenge, black boxes often only store information for 30 days, and sometimes even less than that. As such, the box must be obtained soon after a crash for it to be useful. The best way to obtain a black box, and the data within it, is to work with an experienced truck accident lawyer in Baton Rouge. A lawyer will draft a letter of spoliation and make sure it is properly delivered to the truck company. A spoliation letter informs the trucking company that they must preserve any and all evidence related to the crash, including the black box data. This letter will also demand that the trucking company not destroy, lose, or tamper with the information. Our Truck Accident Lawyers In Baton Rouge Can Collect Important Evidence A truck’s black box is one of the most important pieces of evidence after any crash, but there are others, as well. During your recovery, you may find it difficult, if not impossible, to collect it all. At Big River Law, our Baton Rouge truck accident lawyers can advise on the best pieces of evidence in your case and collect it, so you obtain the fair compensation that is justly yours. Call us now at 225.963.9638 or fill out our online form to schedule a consultation and learn more about how we can help.

Personal Injury

What is OSHA’s Record-Keeping Standard for Employee Exposure?

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What Is OSHA’s Record-Keeping Standard For Employee Exposure? When many people first think of the phrase “OSHA record-keeping,” they may often first think of the log of occupational injuries and illnesses that are required under OSHA’s 29 CFR104 rule. However, the agency has another record-keeping standard as well. This guideline does not involve the collection of statistical data, as 29 CFR requires. Instead, this rule is much more literal and requires actually retaining and storing certain records, sometimes for as long as 30 years. Below, our Baton Rouge workers’ compensation lawyer explains more. What Is “Access To Employee Exposure And Medical Records?” 29 CFR 1910.1020 is often considered a companion standard to OSHA’s hazard communication rule. The hazard communication rule states that wh en an employee is going to be exposed to hazards, such as chemicals, they must be informed of the danger and take certain precautions when t hey work wi th the danger. The “Access to Exposure and Medical Records” rule, however, allows an employee to review their level of exposureto the danger, as well as  any medical records that may provide information about whether their health was impacted by the level of exposure. While hazard communication only addresses chemical hazards, the access rule is different. The access rule also addresses other dangers too, such as v iruses and fungi, bacteria, and physical dangers like vibration or radiation. OSHA’s table found at 1910.1000 lists hundreds of potentially dangerous substances that include vegetable oil mist and carbon dioxide. How Long Must Records Be Kept? There are certain dangers that will create an exposure record. These include temperature extremes, vibration, noise, and particulate matter. Once an exposure record is created, it must be retained for 30 years. Not all elements will create an exposure record. For example, a normal temperature reading in an office would not create an exposure record. OSHA has clarified that an exposure record should identify and describe the level of exposure to a harmful physical agent or a toxic substance. For example, HVAC systems often have to be tested for an air quality evaluation. If the results of that testing show that the system contains non-toxic bacteria not harmful to workers, an employee exposure record would not be created. Known Hazards If an employer tests for any substance that has known negative effects on a person’s health, it is considered an employee exposure record by the OSHA. Even when the level of a hazardous substance is below the permissible exposure limit (PEL) or action level, an employee exposure record must still be kept. This is because the purpose of a record is not to show that levels of dangerous substances are high. The purpose is merely to show that occupational exposure exists. Still, if exposure is below a certain level, employers are typically not required to continue monitoring the dangerous substance. In most cases, monitoring does not need to continue unless there is a work practice or process that could increase the level of exposure for workers. On the other hand, when an exposure exists and it is below the PEL, but above the action level, an employer must typically continue periodic monitoring. Any monitoring then becomes an exposure record. When an employer can show that a harmful substance is not handled, used, generated, stored, or present in the workplace in any way that differs from other non-occupational situations. Retention Requirements The record-keeping requirement does not outline any specific manner, form, or process an employer must use to preserve the record. The only requirement is that the information within the record must be preserved so it can be retrieved in the future. The only exception to this is chest X-ray films, which must be preserved in their original state. Lastly, OSHA has also stated that employee questionnaires are not considered exposure records. This is because questionnaires do not usually indicate exposures. However, if a questionnaire addresses medical information, they are considered employee medical records under the same record-keeping requirement. For example, under the respiratory protection standard, the employee questionnaire is not an exposure record but, instead, a medical record. Our Workers’ Compensation Lawyer In Baton Rouge Can Keep You In Compliance At Big River Trial Attorneys, our Baton Rouge workers’ compensation lawyer can make sure your company is in compliance with OSHA’s record-keeping requirement so you, your employees, and your business are not negatively impacted. To learn more about this requirement and how to comply with it, fill out our online form to schedule a consultation.

Personal Injury

Five Thing to do if You Were Exposed to a Toxic Chemical at Work

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Five Thing To Do If You Were Exposed To A Toxic Chemical At Work Louisiana has more than 300 facilities involved in chemical process production. The chemical processes that happen in Louisiana contribute to the manufacturing of household goods, pharmaceuticals, plastics, petrochemicals, and more. With so much chemical production in Louisiana, it’s unfortunately not uncommon for workers to be exposed to toxic substances. Chemical exposure is not just limited to the manufacturing facilities. There are countless other workers who come in contact with potentially hazardous chemicals in the medical field, testing laboratories, or other work environments. If you are exposed to a toxic chemical at work, there are things that you should do Evacuate The Area Immediately All non-essential personnel should be removed from the area to prevent any further exposure. If a hazardous chemical is still being discharged, the system needs to be shut down or contained by qualified personnel if it can be done safely. Clean Up Before beginning work in any environment in which toxic chemical exposure is possible, all employees should be familiar with the location and operation of the safety showers and eye wash stations. When Using The Showers Remove all contaminated clothing, including your shoes; Flush all exposed areas thoroughly for at least 15 minutes; Protect the eyes or other unexposed body parts from cross contamination; Seek medical attention after washing all affected areas for 15 minutes and call 911 or go to the nearest emergency care facility. When Using Eye Wash Stations: Flush eyes for at least 15 minutes as soon as possible; Use your hands to hold your eyelids open while rotating your eyeballs in all directions; Seek medical attention after washing all affected areas for 15 minutes and call 911 or go to the nearest emergency care facility. Let Your Supervisor Know The first reason to let your supervisor know is that someone may need to stop whatever is causing the exposure. A valve may need to be shut off or other action may need to be taken to contain the hazardous chemical. But another very important reason to let your supervisor know is that under Louisiana Worker’s Compensation laws you are required to give your employer notice of your injuries. The failure to timely notify your employer can damage claims you may have as a result of the exposure. Seek Medical Treatment After being exposed to a toxic chemical it is not only important that you seek treatment, but also that you seek the right kind of treatment. Your employer will usually send you to the “company doctor”. While this doctor or clinic does not actually work for your company, they often get most if not all of their business from companies like your employer. This can create an incentive for the health care provider to minimize the impact of your injury. The doctor or clinic that you employer originally sends you to may also not be best suited to treat your injuries. You may want to see a dermatologist following a skin exposure or a pulmonologist if your exposure was to fumes or vapors that can cause lung damage. The failure to timely seek medical treatment and follow your doctor’s advice can also lead insurance adjusters or jurors to the conclusion that you must not have really been injured that badly. Request Copies Of The Safety Data Sheets The OSHA Hazard Communication Standard requires chemical manufacturers, distributors, or importers to provide Safety Data Sheets (SDSs) for each hazardous chemical to communicate information on the hazard it presents. The SDS includes information about the properties of each chemical; the physical, health, and environmental health hazards; protective measures; and safety precautions for handling, storing, and transporting the chemical. Getting the SDS is important so that you can let your doctor know exactly what you were exposed to so you can get the right type of treatment for that exposure. The type of treatment you need will depend on the chemical you were exposed to and how you were exposed. Treatment for contact to your skin would likely be different than treatment for a chemical that was ingested and the SDS will information that your health care providers need to make the best decisions about the type of treatment you need. Speak With The Right Attorney If you’ve been exposed to a hazardous chemical while at work in Louisiana, you should also speak with an attorney about what rights you have. This is a more specialized area of law and your average car wreck lawyer may not be familiar with the laws and regulations that apply to your claims. At Big River Trial Attorneys we’ve handled cases involving chemical exposures and other industrial accidents and we’re available to speak with you about the types of claims you may have. If you would like to schedule a free and confidential consultation, give us a call at (225) 963-9638 or click here to contact a member of our staff.

Personal Injury

How Does a Pre-Existing Condition Impact a Personal Injury Claim?

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How Does A Pre-Existing Condition Impact A Personal Injury Claim? Many people today suffer from pre-existing conditions. Your pre-existing condition may be aggravated if you are in a car crash, truck accident, or another type of accident that causes further injury. If someone else’s negligence caused your accident, you can still file a claim against them for financial compensation even when you have a pre-existing condition. However, obtaining the full and fair damages you need can present additional challenges when filing a claim. Below, our Baton Rouge personal injury lawyer explains the challenges you may face and how to overcome them. What Is A Pre-Existing Condition? In its simplest terms, a pre-existing condition refers to any medical condition a person may suffer from before being involved in an accident. Pre-existing conditions are common, particularly as a person ages. For example, when a person suffers from back pain due to a herniated disc and is involved in an accident, the herniated disc is a pre-existing condition. Although a pre-existing condition can refer to any medical condition or illness, some are more common than others. These include: Traumatic brain injuries Back or neck injuries Fibromyalgia Previous surgeries Mental illnesses such as PTSD, depression, or anxiety Degenerative disc orders Millions of people in Baton Rouge and throughout the country suffer from pre-existing conditions. Still, that does not mean they are barred from receiving the full compensation they need after an accident caused by another person’s carelessness. The Eggshell Doctrine Individuals who have a pre-existing condition and are involved in an accident are known as eggshell plaintiffs under the “eggshell doctrine.” This legal doctrine takes its name from the fact that eggshells are, of course, fragile and delicate. So too, are individuals who suffer from pre-existing conditions. Under the eggshell doctrine, insurance companies cannot use a person’s pre-existing condition to deny them the compensation they need to recover from injuries. Insurance companies prioritize profits and not people. As such, they will try many tactics to deny accident victims the full damages to which they are entitled. When a person has a pre-existing condition, it makes it easier for the insurer to deny fair compensation. They will likely argue that a plaintiff’s injuries existed before the accident, and they are not liable for paying damages. Defendants in personal injury cases do not owe eggshell plaintiffs a higher duty of care, as it is impossible to know when a person may suffer from a pre-existing condition. However, defendants are responsible for still paying compensation to an eggshell plaintiff if the accident they caused exacerbated the pre-existing condition. Proving A Pre-Existing Condition It is critical that you receive prompt medical treatment after any accident, but it is especially important if you have a pre-existing condition. Medical evidence is some of the best evidence in any personal injury claim, as it can show the nature and extent of your injuries. Your medical records can also show that the accident worsened your pre-existing condition and that the injuries were not suffered before the accident. Medical evidence can also include MRI results and X-rays before you were in the accident. This documentation can show the nature and extent of your pre-existing condition prior to the accident, so you can compare your current condition to it and show that it has gotten worse. Your case may also require the testimony of a medical professional who can explain the differences in your condition from before the accident and now. Do Not Conceal Pre-Existing Conditions You may not want to come forward with your pre-existing condition for fear it could hurt your personal injury claim. However, it is crucial to your claim that you do not try to hide it. It is important to tell your personal injury lawyer about any pre-existing condition you may have, as that will help them predict certain challenges that may arise. Only by knowing the full facts of your circumstances can a lawyer prepare a strong case to give you the best chance of a positive outcome. Additionally, if you try to conceal your pre-existing injuries, the insurance company responsible for paying damages will still likely find out. They may obtain your medical records, and if they believe you were trying to conceal a pre-existing condition, it could hurt your case. Our Personal Injury Lawyers In Baton Rouge Can Help With Your Case If you have been in an accident and have a pre-existing condition, our Baton Rouge personal injury lawyers at Big River Trial Attorneys can help. Fill out our online form to schedule a consultation and learn more about how we can help you prove your case.

Personal Injury

Baton Rouge Truck Accident Update

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Baton Rouge Truck Accident Update Shreveport Man Dies A 48-year-old Shreveport man died on November 3rd on I-20 at Louisiana Highway 577 near Waverly in Madison Parish. A dump truck driven by Frederick Russell apparently left the roadway and ran into a nearby overpass. No other vehicles were involved. I-10 Shut Down I-10 West was closed on Sunday morning because of an overturned 18-wheeler. The big truck was based in Siddell and heading toward New Orleans. Initial reports did not mention the cause of the accident, but witnesses said the trailer became detached and fell 20 feet down a bridge. Then, the truck cab became submerged in the lake below. Luckily, the 18-wheeler driver only suffered minor injuries. October 20th Death An 18-wheeler hit a pedestrian on Florida Boulevard on the morning of October 20, 2022. The victim was on a street corner attempting to cross the street when the light turned green and the accident occurred. No charges were filed as DUI was not suspected. Jefferson Davis Parish Incident On September 17, 2022, a fatal three-vehicle accident was reported on LA Highway 26. A forestry bucket truck could not stop in time to avoid a small passenger car and traveled off the road onto a driveway, where the bucket truck hit a van causing both vehicles to run into a ditch. The driver of the van was wearing a seatbelt but suffered fatal injuries before he could be taken to a hospital. Log Truck Wreck On September 19, 2022, a crash occurred on U.S. Highway 171 near Noble. A Sabine parish man died in the crash. The accident occurred when a log truck was trying to pass a tractor-trailer. The driver of the log truck was pronounced dead at the scene of the wreck. Kenner Incident A woman from Kenner died after her vehicle hit an 18-wheeler. It was reported that the woman was attempting to merge onto I-10 from I-12 when she was in front of the truck. The woman was transported to the hospital but died after a short time. What To Do If You Are Involved In A Truck Accident Truck accidents are common, and if you are involved in a Louisiana 18-wheeler crash, do the following: Call 9-1-1. Provide assistance to anyone who is injured. Be careful, however, of moving injured persons so that you do not cause further injuries. contact information with others involved in the accident. Louisiana law requires you to do so. File a state crash report if your accident has caused injuries, death, or more than $100 in damages.decuadas If you fail to follow the above Louisiana regulations, you can be charged with a crime that could result in a $100 fine and 60 days in jail. Big Truck Crash Insurance Implications Commercial truck drivers and owners must carry insurance, according to Louisiana law. Liability insurance is mandatory. Physical damage insurance covers vehicle damage from an accident. Uninsured motorist insurance covers costs due to an accident where an un- or under-insured driver is at fault. Medical payment insurance covers medical costs for bodily injuries to others if you are at fault. Cargo insurance is not required in Louisiana; this type of insurance is important yet complicated because of limits, sub-limits, and coverage exclusions. Who To Sue? 18-wheeler accident insurance claims can be very complex and confusing because there can be multiple insurers involved: An owner-operator should have their own insurance. An independent contract driver may have their own insurance, but in addition, the company they leased the truck from should have insurance. An employed driver would fall under the employer’s insurance. Sometimes truck companies lease trucks from another company, and both companies have insurance. Higher Insurance Limits While tractor-trailer truck drivers can be seriously injured in crashes with smaller vehicles, many times the smaller vehicle bears the brunt of the damages. Also, trucks that cross state lines are engaged in interstate commerce, which makes the drivers, vehicles, and companies fall under federal insurance limits. The Federal Motor Carrier Safety Act (“FMCSA”) defines the higher insurance limits that interstate carriers must carry. Seek Qualified Legal Help A minor fender-bender involving two passenger vehicles can be annoying, but many times these cases can be handled relatively simply if no injuries are involved. Truck accidents are different, however. The parties need to determine: Who owns what? Which insurance company is liable? Are there multiple parties at fault? Did the accident occur because of a party’s negligence? Was anyone intoxicated? Did all truck drivers have current log books and records? If you or a loved one was involved in a truck accident, call the experienced lawyers at Big River Trial Attorneys. The compassionate lawyers at Big River will evaluate your case and advise upon the most prudent next steps. Call the firm at 225-963-9638 today, visit our site for a live chat, or fill out an online form to schedule a case evaluation.

Personal Injury

Trucking Accidents Caused by an “Unsafe Load”

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Trucking Accidents Caused By An “Unsafe Load” As statistical evidence shows, motor vehicle accidents are among the leading causes of death in the State of Louisiana and elsewhere throughout the country. Trucking accidents, in particular, have been known to be relatively more hazardous than other types of motor vehicle accidents. In fact, recent data show that a person is killed or severely injured in a trucking-related accident once per every 15 minutes, which amounts to approximately 500,000 casualties per year! Needless to say, society has a need to clamp down effectively on the damage caused by trucking accidents, and so various laws and rules have been in place to deal with trucking accident liability. In this post, we will go over the primary federal law which applies to trucking accidents, and then discuss some of the issues involved in pinning down liability for “unsafe load” incidents. As we will discuss, the primary federal law deals with accidents caused by unsafe loads and includes direct references to load security; however, load security can be compromised by many different things, and so identifying the exact cause of a particular accident can be quite challenging. The Federal Motor Carrier Safety Administration (FMCSA) The Federal Motor Carrier Safety Administration, a federal agency with the authority to implement rules on traffic safety, regulates the conduct of commercially operated motor vehicles in the trucking industry. The FMCSA recognizes the fact that having a secured load of cargo is immensely vital to promoting optimal safety, and consequently the FMCSA imposes rules regarding cargo security. If a trucker fails to abide these regulations, for any reason, that trucker (or the responsible party) can face substantial penalties. As mentioned, many things can play a role in compromising load security, and so the FMCSA references various types of “failures” which can cause accidents. If a trucker commits one of these “failures,” they may be liable for damages. Here is an incomplete list of failures identified by the FMCSA: Failing to secure cargo with satisfactory tie-downs or straps Failing to properly balance cargo Failing to keep cargo within certain limits, i.e. “overloading” cargo In addition to these rules regarding failures, the FMCSA also provides rules on how certain equipment must be tested and used. For instance, the FMCSA outlines how steel strapping, ropes, wires, tie-downs, chains, cords, and other materials must be used to remain compliant. Tracing Liability In Trucking Accidents As far as liability in these scenarios is concerned, an accident caused by an unsafe or unsecured cargo load can be legally pinned to the driver, but ultimately this is a fact-sensitive issue. Unlike other types of incidents, truck accidents (via unsafe load) are not regulated by a “strict liability” rule, but instead require that negligence be demonstrated. If you’ve been involved in a trucking accident, and the cause may have been an unbalanced or otherwise unsafe load, you should know about the pieces of evidence which can help identify fault. Here are a few factors you should focus on when attempting to determine liability: Driving logs – truckers are required to keep a record of their driving behavior; depending on the circumstances, this may be relevant (i.e. the driver was overworking, etc.);  Records relating to how the cargo was loaded or installed (i.e. service records with notes, descriptions, etc.);  Visual evidence of poor security (i.e. loose or broken straps, etc.);  Expert witnesses, such as engineers;  Accident witnesses who can testify regarding load security. Contact Big River Trial Attorneys For Additional Information Simply put, if you’ve been involved in a trucking accident caused by an unsafe load, know that you are potentially able to recover for damages. But, as we have discussed, this involves firmly pinning down liability, and that can require collecting various types of evidence. If you’d like to learn more, reach out to one of the professionals today by calling 225-963-9638 or click here to contact a member of our staff.

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