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During the Great Flood of August 2016, many Louisiana communities were devastated. However, only 25% of homes that were completely destroyed were covered by insurance. A considerable amount of those claims were either denied or were severely underpaidTwo employees of Mensman Law flooded. During the aftermath, we closed our office for three consecutive weeks in order to help neighbors begin the cleanup and rebuild process. We pulled soaked carpet out of destroyed homes. We cut out sheetrock. We removed cabinets. We pried wood floors. We hauled precious personal possessions out of homes, wheelbarrow by wheelbarrow. We helped any way we could.Now, we want to help again.Typically our practice is limited to personal injury and workers' compensation claims. However, because this flood has so deeply affected our community, we have decided to stand up and protect the rights of flood victims. Time may be running short on filing your Proof of Loss claim. The deadline for completing this complex paperwork is 270 days from the date of loss. For example, if the floodwaters reached your home on August 13, 2016, the current deadline would be May 10, 2017. If you haven't yet filed your Proof of Loss claim, call us today and we will help you. If you have filed a Proof of Loss claim, there is a strong likelihood that your claim was underpaid. Our team of experienced flood professionals will review your claim and search for everything owed to you, even if you have already been paid by insurance.We have heard many stories of denied or underpaid claims. Business owners have told us about permanent large equipment, bolted to the foundation, that was destroyed in the flood but not paid for by insurance. Residential homeowners have told us that their claims for ceramic tile, door knobs, door hinges, siding, permanent generators and air conditioner units, all destroyed in the flood, yet all denied by insurance.Call Mensman Law today. Too busy rebuilding your home? We will come to you.

You may have both!If you are in an accident and sustain an injury while in the course and scope of your employment, then you will likely have a workers’ compensation claim. Although your employer or a co-worker may have been negligent and caused your injury, your only remedy against your own employer will almost always be in workers’ compensation.However, if you are in the course and scope of your employment and a third party causes an accident, then you may also have a personal injury claim. For example: Betty works for a delivery company. While on her daily route in her company-provided vehicle, she is rear-ended by another vehicle owned by a national transportation company and being driven by the national transportation company’s employee. Betty will probably have a workers’ compensation claim due to the fact that she was in an accident while at work. In addition, she may have a personal injury claim against the national transportation company for the negligence of its employee causing the car accident.If you have both a workers’ compensation claim and a personal injury claim, then your employer and its workers’ compensation carrier may intervene in your personal injury action in an effort to recover any payments made in connection with the workers’ compensation claim. This can be a very confusing and complicated process. There are many aspects to every case which often require a careful review of all of the facts and circumstances. There are also major differences between a workers’ compensation claim and a personal injury claim. The most glaring difference is a very familiar term of art, "pain and suffering." This is a benefit available in the personal injury claim, but not in the workers' compensation claim.Mensman Law handles both workers’ compensation and personal injury cases. We are here to help you answer any questions you may have and pursue any and all benefits which may be available to you.

Catastrophic claims present major complications and challenges for injured workers and their families. These types of claims involve severe injuries that result in a high level of permanent disability. In Louisiana, a claim qualifies as catastrophic if the injury results in paraplegia, quadriplegia or the total anatomical loss of both hands, both arms, both feet, both legs, both eyes, or one hand and one foot, or any two thereof. Louisiana law provides that, in addition to medical and indemnity benefits, injuries of this nature are also entitled to a one-time compensation payment of $50,000.00, which is due within one year of the date of catastrophic diagnosis.At Mensman Law, we have handled several claims involving catastrophic injuries and we have learned the importance of high quality medical care. The complexity of the injuries requires an incredible level of competence from the medical professionals involved. Often, the underlying injury will lead to comorbidity. For example, the injured worker confined to a wheelchair will often develop urological, respiratory, circulatory and dermatological problems, among others.At some point, it may become proper to enter settlement negotiations with the insurance company. This is a very complicated process. Because your long-term health in these situations depends directly upon the quality of medical care, the settlement negotiation is incredibly important and cannot be guesswork.Our team spends a considerable amount of time analyzing the needs of the catastrophically injured worker and their family. We use that data to forecast the expenses and build upon that to accurately project the anticipated settlement value.There are several pivotal issues that need to be addressed before settling a catastrophic claim. Failure to do so could lead to disastrous consequences. Do you need a spendthrift trust? A special needs trust? A spigot trust? A structured settlement? A Medicare Set-Aside?Do you qualify for Medicare? Social Security Disability Benefits? Medicaid?Are you eligible for Long Term Personal Care Services? Adult Day Health Care Waiver Program? Community Choices Waiver Program? Traumatic Head and Spinal Cord Injury Trust Fund Program?At Mensman Law, we spend tremendous time and effort assisting catastrophically injured workers and their families with these types of challenges. Should you need assistance with these types of injuries, call Mensman Law, the leaders in handling catastrophic claims.

In the course of your workers' compensation claim, you will hear many terms tossed around without much explanation of the terms. Adjusters often use insurance industry jargon instead of taking the time to fully explain your rights. We have summarized much of that jargon below to help you understand it all.TTD - Temporary Total Disability: This type of benefit is paid to you when your doctor indicates that you are totally unable to work. There are very specific ways to calculate the benefit based upon your employment, which we have addressed in an earlier blog post.SEB - Supplemental Earnings Benefits: This type of benefit is paid to you once it is determined that you have work restrictions, but you are unable to earn at least 90% of your pre-accident wages.COP - Choice of Physician: You have the right to select your own physician in each field or specialty. The insurance company will request that you sign this form choosing your physician before it will approve medical treatment.SMO - Second Medical Opinion: Since you have your choice of physician, the insurance company can also send you to a doctor of its choosing. If proper notice is given and you fail to attend, then your benefits will be suspended.IME - Independent Medical Examination: If your doctor and the insurance company's doctor (SMO) disagree regarding causation or work status, then either party may request a third doctor to issue an opinion. This doctor is selected by the Office of Workers' Compensation.1020 (Employee's Monthly Report of Earnings): You are required by law to report any earnings from any source while receiving workers' compensation indemnity benefits (TTD or SEB).1002 (Notice of Payment, Modification, Suspension, Termination or Controversion of Compensation or Medical Benefits): This notice must be sent to you by the adjuster indicating any initiation or change in your benefits.FCE - Functional Capacity Evaluation: Your doctor may request this evaluation in order to more accurately determine your physical work ability (sedentary, light, medium, heavy).1010 (Request for Medical Treatment): This form is submitted by the healthcare provider to the insurance company in order to determine whether the treatment should be approved, denied, or modified in accordance with the Medical Treatment Guidelines (or MTG).1009 (Disputed Claim for Medical Treatment): If the 1010 is denied, then any aggrieved party, typically your doctor, may file this dispute with the Office of Workers' Compensation for a determination whether the treatment should be approved. 1008 (Disputed Claim for Compensation): This is a workers' compensation lawsuit which presents the disputed issues to a Judge for review.The complex world of workers' compensation moves quickly which could require quick responses from you. If you need help, please call our office to schedule a consultation.‍