Blog

With the increasing news and concern regarding the COVID-19 coronavirus, we want to ensure that you know that we are monitoring the developing situation and have resources in place to provide continued service in any type of contingency situation. Presently, we are still open and fully functional at our Baton Rouge location.We have canceled all non-essential in-person meetings at our office for the foreseeable future. We remain available by telephone, e-mail, video conference, and social media. Should we have to enact our off-site contingency plan, we can be fully functional within one hour, with complete access to all file material contained in each client’s file. We recommend that all injured workers attend medical visits as they are scheduled, unless you are ill, or unless the doctor’s office cancels the visit. If you are ill, please be proactive about communicating with the doctor’s office and with your adjuster before you miss an appointment. Failure to communicate about this issue could lead to a disruption of your benefits.We will continue to monitor the news and any reports or requirements from the Center for Disease Control and Prevention, as well as local, state, and federal governments. Our focus, dedication, and support are unwavering as we navigate these unique times. We hope you and your loved ones remain safe and healthy.‍

Social media use has become a fixture in our society over the past several years. As a result, it has often drawn the curiosity of insurance companies who are investigating claims. In order to protect our clients, we strongly caution them against the use of any social media platform while their claim is open.You should be mindful of the information that you share or post on social media. Information found on social media websites is permanent and public. Anything that is posted or shared can be obtained by the defendants and used against you in a legal setting. Additionally, any information that you share with others verbally, in writing, or even posted online could lead to the loss of attorney-client privilege if that information relates in any way to your legal matter.In addition, you should not attempt to delete any of your social media accounts in an attempt to avoid having anything posted used against you. If you delete the account, this action can lead to serious consequences such as sanctions for destroying potentially relevant evidence.You should not communicate with your lawyer on any device provided by your employer or any computer, smart phone, or other device that is shared with anyone else. You also should not use your work email address or a shared email account. Use of a private email account that is password protected and only accessed from a personal smart phone or computer is the best practice.We make these recommendations because they are in the best interest of our clients. If you have been injured and have questions about any aspect of your claim, please call Mensman Law at 225-293-9720 and let us help you.

When you suffer an injury at work, you may be entitled to indemnity and medical benefits. Filing a claim for compensation may provide those benefits. Unfortunately, the claims process is one-sided, complicated, and confusing. Often, injured workers make mistakes when dealing with claims adjusters. Some of these common mistakes can lead to claim denial or delay. The mistakes can also lead to you receiving less compensation than you are owed. FAILING TO REPORT THE INJURY When you suffer an injury at work, you should immediately report that injury, preferably in writing, to your employer. This will help to prevent a serious situation. If you wait to report the injury, you are more likely to have trouble recovering your benefits. Your employer may doubt that the injury occurred at work, or perhaps downplay the severity of your injury. Any delay in reporting your injury may cause major problems with your claim. FAILING TO SEEK MEDICAL TREATMENT It is very important to immediately seek medical attention for your injury. You should keep all appointments and also strictly follow your doctor’s orders and recommendations. Failure to do so may put you at risk of having your claim denied in whole or in part. FAILING TO KEEP ACCURATE RECORDS It is critical that you keep accurate and detailed records regarding your claim. You should accurately record all the time that you may miss from work due to your injuries. Additionally, if you have encountered any expenses related to your injuries, you should account for those expenses with particularity in order to be properly reimbursed. If you have suffered a workplace injury, you may be able to recover workers’ compensation benefits. Working with the lawyers at Mensman Law can help you avoid the mistakes that can lead to your claim being denied. Call us today for your free consultation.

The Louisiana Legislature enacted a law in 2013 which was supposed to be beneficial to all parties who complied with the procedural rules set out in the law. The problem? That law unfairly favors the insurance company and it is hopelessly complicated, as shown here. That complex, poorly drafted law is known as the 1002 process.The 1002 process was originally drafted as a law that would shield insurance companies from monetary fines if they voluntarily corrected their mistakes. For example, if your compensation rate should be $350.05 and the adjuster miscalculated it to be $350.01, the adjuster who timely corrects that mistake cannot be penalized. Unfortunately, we have seen insurance companies use the 1002 process as a sword, rather than as the shield it was designed to be. As a result, we get phone calls all the time from prospective clients who have received 1002 notices of termination of benefits.One prospective client caught the flu and, as a result, she missed a routine followup visit with her own doctor. The adjuster immediately terminated all benefits. Another prospective client was on his way to a medical appointment when he was involved in an automobile crash. He was not able to drive his vehicle, and he missed the appointment. The response from the adjuster? A 1002 notice of termination of all benefits. This process can be so disruptive!We have a taken a very proactive role in analyzing every 1002 notice that we receive. There are many formalities that are required by law in order for the 1002 notice to be valid. Some of the strict 1002 notice requirements are:The 1002 notice must be on the form published by the Office of Workers’ Compensation;The 1002 notice must be sent to the location where the injured worker receives her indemnity benefits;The 1002 notice must be sent to the Office of Workers’ Compensation on the same business day that it is sent to the injured worker.If the insurance company does not comply with these or any other requirements, we attack the 1002 notice as defective and invalid. If you have any questions about a 1002 notice that you may have received, call us today.