Schwalben Law Firm
Lee M. Schwalben, M.D.,J.D.,LLC

Admitted to practice in law Louisiana, New York and *Florida

Lake Charles


Schwalben Law Firm

Lee M. Schwalben, M.D.,J.D.,LLC

Admitted to practice in Louisiana, New York and *Florida



Louisiana worker entitled to workers’ compensation benefits

On Behalf of | Aug 23, 2013 | Firm News, Workers' Compensation | 0 comments

The Louisiana Court of Appeal recently issued a ruling regarding a woman who was injured while running an errand for a boss. The court ruled that the woman was entitled to workers’ compensation benefits. One question the court had to answer was whether the woman was “acting in the course of her employment” when she was injured. The other question was whether she was injured before or after the accident.

The court ruled that the woman was in fact still “on the clock” when she ran an errand for someone she considered to be a boss. The receptionist was asked to go retrieve a canister from a local store. The receptionist decided to pick up the item on her way back to the officer after lunch. While she was out, her car was rear ended and she sustained neck and back injuries.

The court also found that the receptionist did not have the medical issues for which she was asking benefits prior to the accident and her request. The woman had been in accidents prior to this one, but had only suffered an injured knee. Through medical evidence, it was determined that she did not have a prior medical condition involving her back or neck.

In Louisiana, so long as the employee can prove she did not have the injuries complained of prior to the on-the-job accident that lead the current request for benefits, that employee is entitled to workers’ compensation. Further, if an employee is in a car accident during an activity he or she reasonably believes to be work related and is injured, that employee may be entitled to workers’ compensation benefits. Any employee in a situation similar may benefit from advice and assistance in obtaining all of the benefits to which he or she is entitled.

Source: riskandinsurance.com, “Receptionist secures benefits for injuries while on errand for “boss”,” Aug. 6, 2013


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