Workers' Compensation Defense Lawyer in Louisiana Protects Your Business

Competent Advice to Implement Strategies for Mitigating Exposure in Workers’ Compensation Claims Before they Occur

Cheralla & Associates, L.L.C. partners with clients to understand their hiring practices and risk management procedures. We offer training and educational seminars on workers’ compensation laws that will or might impact their business, and we advise clients on strategies to avoid fraudulent claims and mitigate risk when accidents occur. When you retain Cheralla & Associates, L.L.C., you hire an attorney who will understand the employee-employer relationship involved and guide you on how to timely get your employee the statutory benefits they are entitled to and then return them to the workforce at the earliest reasonable time, if possible under the unique circumstances of each claim.

Guidance to Efficiently Manage Claims and Close Them Promptly

The best claim is a closed claim. When employees become injured or ill in the workplace, they may be eligible for workers’ compensation benefits provided by their employer, regardless of any fault. Most workers in Louisiana are covered by the Louisiana Workers’ Compensation Act or a similar Federal statute like the U.S. Longshore and Harbor Workers’ Compensation Act. These Acts are generally mutually exclusive, and they are the only remedy an employee may have against their employer when the accident arises out of and occurs in the course of their employment. The benefits owed are limited to those enumerated in the applicable statute but generally cannot be avoided absent an affirmative defense. So, it reasons that the dual purposes of most workers’ compensation acts are to provide compensation for disability and necessary medical treatment to an injured worker in a timely manner, and then, return the injured worker to work as soon as practical. Unfortunately, delays in the administration of a claim can lead to poor outcomes and greater exposure, and there are instances when employees may seek to abuse the workers’ compensation system.

It is estimated that approximately 10 percent of all workers' compensation claims are fraudulent. Fortunately, pro-active strategies from the outset of the claim, a keen eye to the facts as they develop, early investigation and open lines of communications generally allow Cheralla & Associates, L.L.C. to assist in the efficient administration of claims to posture them for resolution sooner than later. Moreover, our methods help identify and weed out fraudulent claims, which often reduces the overall costs to our clients.

Proven litigator provides defenses to workers' comp claims

Cheralla & Associates, L.L.C. possesses the experience and skills to identify applicable affirmative defenses early on and develop the case to posture for favorable full and final settlement or trial. In Louisiana, we evaluate the relevant issues and defend an employer or carrier against a claim for workers’ compensation if any of the following non-exclusive list of circumstances exist:

  • There is no employment relationship such as when the injured worker is an excluded independent contractor.
  • The accident did not arise out of employment.
  • The accident did not occur in the course of employment.
  • The injuries alleged were not caused by the work accident.
  • The injured worker was intoxicated.
  • The actual cause of the accident was horseplay.
  • The injured worker has committed fraud.

Where any of these circumstances exist, we will guide you on the most effective means of denying the claim and aggressively defend you or your company based on the facts of the case.

Knowledgeable firm draws on experts to bolster your defense

Cheralla & Associates, L.L.C. consults a variety of experts in defending your business against fraudulent or excessive claims. We call upon doctors, trauma specialists and other medical experts to evaluate the extent of the worker's alleged injuries and consult with economists, vocational rehabilitation counselors and financial analysts to help us show suitable alternate employment, establish earning capacity, and estimate medical treatment costs. When a worker's injury is covered by workers' compensation, we use this information to help mitigate exposure or reach a reasonable settlement that minimizes lump sum payout to an injured worker.

Dependable adviser assists with third-party claims

If your worker's injury was caused by the fault of another person, company or contractor, you may be able to bring a claim against that company and/or its insurance carriers to reimburse you the benefits paid to and on behalf of an employee. This cause of action is known as “subrogation.” We are alert to those instances where a third party might be at fault for a work accident, and we are prepared to help you recover damages from those responsible parties to protect your business and limit your liability.

Contact an experienced Louisiana workers’ compensation defense attorney

From our New Orleans office, Cheralla & Associates, L.L.C. defends employers and insurance carriers throughout Louisiana faced with workers’ compensation claims and appeals. To schedule a consultation, call 504-336-1950 or contact me online.