Settlement for Worker Hurt in Explosion

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DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.

On May 4, 2014, a 52-year-old man was working in a fireworks factory. As he was moving fireworks on a pallet, one fell and sparked, igniting all the fireworks he was transporting. In the explosion, he suffered severe burns to his face, neck, arms, and legs. He was taken to the hospital, diagnosed with third-degree burns, and treated in the burn unit where he spent several weeks before he was released. He also had shrapnel in his arm that remains there to this day. He was deeply emotionally affected by the explosion and his injuries, and he received mental health treatment for PTSD-like symptoms.

The worker contacted Attorney Edward “Ted” Roberts, of Neblett, Beard & Arsenault, very shortly after the explosion. Ted helped the client understand his rights to workers’ compensation benefits and made sure he was able to get the medical treatment he needed. Ted walked the client through each step of filing for and maintaining his workers’ compensation benefits as he recovered from his injuries.

Neblett, Beard & Arsenault Helps Man Overcome Difficulties in Workers’ Compensation Case

Workers’ compensation typically pays two-thirds of an injured worker’s wages while he is out of work, but there is a maximum limit that applies. When a worker’s wages exceed that maximum limit, he is paid the maximum weekly payment, even if it is far less than two-thirds of his usual wages. Since the limit applied to our client’s situation, workers’ compensation only paid a small portion of his usual wages. This made for a difficult time for the client financially. Under the severe cut in his income, he had to dig into his savings and struggled to support himself and meet his financial obligations.

After the client received medical treatment and his condition improved, he attempted to return to work. He underwent a functional capacity evaluation before he returned, and his employer said he could be accommodated. However, his employer tried to put him back to work with explosive materials. Even with mental health treatment, the client did not feel comfortable working around fireworks again. 

Our client struggled—physically, financially, and emotionally—while he was out of work, and he was hopeful that he could settle his workers’ compensation issues as soon as possible, so he could move on with his life. Ted talked with the client about his options for pursuing a lump-sum settlement once he had recovered as fully as possible, and the client chose to do so. 

Workers’ Compensation Settlement Helps Man Move on With His Life

Initially, the workers’ compensation insurance company in the client’s case offered $50,000 in settlement. However, Ted and the client felt that the evidence and documentation in the case supported a larger settlement. With strong legal arguments and evidence, Ted was able to prove the worth of the client’s case and help resolve his case more favorably. The workers’ compensation insurance company ultimately settled the client’s case for $140,000. The settlement allowed the client to search for a new job and get back on his feet financially.    

Workers’ compensation laws in Louisiana can be confusing, and you can’t always be sure that the insurance company has your best interests in mind. If you have questions about your rights after you have been hurt at work, reach out to the experienced attorneys with Neblett, Beard & Arsenault today.

$140,000