Welcome to our blog. We intend this blog to be a great resource for our original thoughts, interesting case law, relevant news, funny or interesting legal cases, scholarly articles and more. If you have a story you’d like to submit, please email us. Or if you have a case involving Workers’ Comp, maritime law, etc. Click here.
Setting up wills should be at the top of New Year resolutions lists, however this very important document is often an afterthought for many. January is typically when we turn our backs on the past year and focus on our goals for the next. While some New Year resolutions may seem trivial, estate planning goals…
Certain politicians want the cost of going to court to be more expensive than the claim itself. That is why these politicians want new laws to force even small claims to be tried by a jury. They know that the high cost of jury trials will deter persons from seeking justice. Why? They SAY that…
Everyone loves a good scare on Halloween, but not when it comes to the safety of those little trick-or-treaters. Fortunately, there are lots of easy things parents and kids can do to stay safe on the spookiest of holidays. Top Tips for Halloween Safety A parent or responsible adult should always accompany young children on…
With all the discussion of some of the idiocy of this current legislative session, it got me thinking… what noteworthy laws do we have that made it all the way through the Legislature and across the Governor’s desk to become law? If you’re wondering like me, wonder no more… “Fake” wrestling matches are prohibited. …
It important to label your children’s items so daycare providers, teacher’s, coaches, camp counselors, and other caregivers can locate your child’s backpack, water bottle, shoes and all the other items that get sent to them day-to-day. However, labeling these items may make your child a target of a predator. Adults who prey on children are…
The U.S. Equal Employment Opportunity Commission (EEOC) has strict laws in place to protect job candidates and employees from discrimination. You should avoid asking job interview questions about age, disability, genetic information, race or ethnicity, gender identity or sexual orientation, national origin, religion, marital status, having children, pregnancy, or planning to start a family. You…
If you get injured on the job, you may be faced with the tough decision of accepting workers’ compensation benefits over a settlement or lump sum. No matter where you are in the claims process, it’s important to speak with a qualified workers’ compensation attorney to help evaluate and negotiate your claim settlement. The length…
Under Louisiana law, workers who suffer injuries in the workplace while performing their job duties have the right to medical care—regardless of whether they have been temporarily or permanently injured. Injuries covered by workers’ compensation include a specific, one-time accident or occupational injuries caused by repetitive motions or repeated exposure to harmful conditions. Workers’ compensation…
Choosing not to hire or consult with a reputable legal professional regarding your car accident case may be the fastest way to a small settlement. Just because there were no major injuries or fatalities does not mean that the settlement process will be simple. If you choose to forgo legal representation at the start of…
Workers’ compensation is an insurance program employers are required to have that provides financial assistance to employees who sustain work-related injuries. If you qualify for workers’ compensation benefits, you will receive pay for work you have not been able to perform, as well as for any medical bills incurred during this time; however, you typically…
It is important that your new drivers have as much practice as possible under the supervision of an experienced driver. You can start with short trips near your home, plan on which driving skills to focus the most on, be vocal and give advanced warning and be encouraging. Avoid yelling or talking down to your…
The longer you wait to start speaking with people, the harder it will be for them to recall exactly what happened. Peoples’ memories become unclear and can even disappear over time. Oftentimes, witnesses will be hard to find. This is especially true for car accidents. If you are in a car accident, make sure that…
Your employer cannot fire you for making a workers’ compensation claim; however, they may fire you while you have a pending claim as long as they can show that there were reasons for firing you that were unrelated to your workers’ compensation claim. Most employees in Louisiana are considered to be at-will employees, meaning you…
In any accident, you should: check that everyone is okay, call 911, exchange contact and insurance information with any other drivers involved and take pictures of the scene. When driving a rental car, call the company as soon as possible, inform them of the accident and ask them how to proceed. Contact your insurance company,…
A broken bone is an example of a one-time injury. A job-related illness, a.k.a an occupational disease, is a “disease or illness which is due to causes and conditions characteristic of and peculiar to the particular trade, occupation, process or employment in which the employee is exposed to such disease.” (Think carpal tunnel syndrome.) In…
Insurance companies may look to your social media account for any post that could cast doubt on your personal injury claim in an effort to settle for the least amount of money as quickly as possible. If an insurance company can find these posts, they do not have to get your permission to view them…
If you are a passenger in an accident, you can file a third-party claim with the insurer of the driver at fault. If you were a passenger in a collision while in a car that you own, you can file a claim with the insurance of the driver at fault; however, if that driver does…
You are protected against discrimination and harassment through the entire employment process, from hiring to firing. OSHA demands that employers in every state keep their workplaces safe and free of known hazards. Employers are required to pay their employees the highest applicable minimum wage, whether it is set by federal, state or local law. There…
Read Time: 2.5 minutes TL;DR It is important to remember that the job of an insurance adjuster is to investigate the validity and value of your claim, while closing settlements quickly and with the lowest possible cost. Before speaking or meeting with the adjuster, review your policy and note what is covered under it and…
Read Time: 2.25 minutes TL;DR Although your past crime is completely unrelated to your personal injury claim, most people will view a criminal record negatively. Typically, the less serious the crime, and the longer the time that has passed, the less impact it will have on your personal injury case. The best thing to do…
Although your employer or insurance provider may recommend a treating physician for your workers’ compensation case, you have the right to and should choose your own doctor. Always check that the doctor you choose is willing to treat work-related injuries. Choose a physician that specializes in treating your type of injuries and that you feel…
Read Time: 3.5 minutes TL;DR In an auto accident, the driver found at fault and their insurance provider will be liable for any damages sustained by the injured party. Every car accident should be reported to the police in order to file a police report which describes how the accident happened and lists any traffic…
Read Time 4 minutes TL;DR 13 percent of Louisiana drivers don’t have the car insurance required by law. In an effort to keep insurance rates under control, Louisiana passed the “no pay, no play” law that penalizes drivers that don’t have insurance. All Louisiana vehicles must have Bodily Injury Liability and Property Damage coverage. Optional…
Read Time: 4.5 minutes TL;DR Adjusters are paid to save money and to pay you the least amount legally possible for your claim. You must remember that they don’t have your best interests at heart when they process a claim, as your best interests will result in a much higher payout on their part. Do…
Read Time: 4.5 minutes TL;DR Regardless of the severity of the car accident, the most important thing to do immediately after is to call 911. For minor fender-benders where no one has sustained injuries, try to move the vehicles to a safe area that’s outside the lanes of traffic after taking photos of the crash…
Read Time: 4.5 minutes TL;DR Workplace injuries have the potential to occur in any industry, regardless of whether physically intensive tasks are involved in your work duties or not. OSHA states that work-related musculoskeletal problems have become the leading cause of pain, suffering and disability in American workplaces. Ergonomics are defined as as, “The science…
Read Time: 3 minutes TL;DR Even in Louisiana the temperatures can drop to near freezing levels, which can present a number of hazards while you’re working in the cold. Each person’s body reacts differently to difficult weather conditions, but some of the most common early symptoms of an adverse reaction to cold weather are fatigue,…
Read Time: 5 minutes TL;DR The heavy uptick in traffic between Thanksgiving and New Year’s Day makes it much more hazardous to drive. There are more DUIs and alcohol-related fatalities during the holidays than any other time of year, which makes the already crowded roadways particularly dangerous. If you can help it, try to only…
Read Time: 4 minutes TL;DR Personal protective equipment (PPE) is there to ensure your safety for any incident that can occur at your job site. Although there are several different pieces of PPE for different areas of work, some common pieces of PPE include hard hats, high-visibility clothing, skin and hand protection, eye protection, hearing…
Read Time: 5 minutes TL;DR Be familiar with your surroundings — knowing the location of most items and heavy equipment areas, you can avoid walking into potential danger zones. Make certain to avoid, deal with or report unsafe conditions when you make note of them. Maintain proper posture — when sitting, hold your back straight…
Read Time: 4.75 minutes TL;DR Remove any unwanted objects in your vehicle and store them in your trunk. Ensure the top of the headrest is the same height as the top of your head to help minimize movement. Always buckle up regardless of the distance you’re driving. Pay attention to what is happening around you…
Read Time: 3.75 minutes TL;DR Remember to use your windshield wipers and headlights to maximize your visibility during heavy rain pour. Never attempt to drive your car across a flooded roadway! Trash cans and other large objects can land in roadways or be thrown into your vehicle, so remain alert to airborne debris thrown by…
Read Time: 4 minutes TL;DR Your Social Security Disability benefits may be cut off if you find employment and your income reaches above a certain threshold. It’s possible to work for a period of 9 months without affecting your SSDI status. This grace period is offered despite the amount that you earn. You may be re-evaluated…
Read Time: 2.75 minutes TL;DR Vocational rehabilitation services are included in workers’ compensation claims in order to help injured workers return to gainful employment as soon as possible. Some injuries prevent employees from returning to their previous position. In these cases, vocational rehabilitation services will help to acclimate the injured party for a new position…
Read Time: 4 minutes TL;DR When a car accident is imminent, it’s a natural reaction to attempt to brake as hard as you can while you brace for the impact, leading to foot, toe and ankle injuries. In a car accident, concussions are most commonly caused by the driver hitting their head against the steering…
Read Time: 4 minutes TL;DR A hit-and-run is any type of accident where the driver has intentionally left the scene without providing information to the other party. When you are involved in a hit-and-run accident, don’t ever try to catch the other driver yourself. Instead, call the police as soon as possible and file an…
Read Time: 4 minutes TL;DR If a claim has been accepted, that means the employer’s insurance company has agreed that the illness or injury is covered by a workers’ compensation claim. If an injury prevents you from performing your previous duties, but a doctor says that you can still perform other work, your employer may…
Read Time: 4 minutes TL;DR Rear-end accidents are the most common type of automobile collision that happens when one vehicle stops suddenly in front of another or when one vehicle follows another too closely. Low-speed collisions are better known as the classic “fender bender” and can happen in residential neighborhoods, parking lots or garages, school…
Read Time: 3.5 minutes TL;DR The benefits received from workers’ compensation depend on the severity of the injuries sustained, as well as the proceeding recovery period. Permanent Partial Disability (PPD) benefits are minimal benefits provided if you have sustained serious injuries that resulted in disfigurement, even if you did not miss work. If you earn…
Read Time: 5 minutes TL;DR Making certain mistakes after a car accident – even unintentionally – may cause you to lose money on your insurance claim. Call the police after an accident – no matter how small – to have them create a report of the incident. This report will act as the voice of authority…
According to the Washington Post, nearly 18,000 people have been killed on U.S. roadways between January and June. This is an increase of more than 10% from 2015’s statistics. Many people don’t think about this connection, but as the recession begins to fade and more people return to work, there are more people on the…
One common mistake that people make is to respond to advertisements or call the first name in the phone book. For workers’ compensation claims, experience is key. Look for a lawyer who has years of experience representing injured workers. An attorney is your advocate and can answer your questions, explain your rights, put some of…
100,000 insured cars were damaged by the recent flooding. Not only is this devastating, but also scary. Although Louisiana enacted legislation in the wake of Hurricane Katrina to combat this growing fraud, he truth is that flooded cars are often cleaned, restored and resold to unsuspecting consumers with no indication of problems. The NICB (National…
What to Do After a Car Accident Move Your Vehicle – After impact, new laws may require that you move your vehicle, but only do so if you are without pain and apparent injury. If you are in pain, stunned or dazed, don’t attempt to move; remain in place until help arrives. Call The Police…
Choosing the right workers’ compensation attorney is an important decision as the workers’ compensation claims process can be very complex and involve many stages which can cause some firms to cut corners with their clients’ legal representation. At The Law Office of Stephen C. Gaubert, we want to share our legal knowledge and expertise, as…
We are pleased to announce Stephen Gaubert’s inclusion in “Acadiana’s Top Lawyers” by Acadiana Profile Magazine. We are very proud to have Stephen as an integral part of our team. Stephen specializes in personal injury law, workers’ compensation law, estate planning and more. Read the whole article and profile here!
