Case Background
In Bridges v. Gaten’s Adventures Unlimited, L.L.C., 2014-CA-1132 (LA. APP. 1 CIR. 4/2/15), 167 S.3d 992, my client faced employer retaliation after asserting her right to workers’ compensation benefits. While driving a charter bus full of school children, she injured her lower back while assisting a parent with a child in a wheelchair.
Employer’s Denial
The employer denied her claim, arguing she reported the accident four days late. They contended she should have immediately reported her injury, but my client prioritized the children’s safety, avoiding a potential delay in their transportation.
Reporting Delays
The following day, my client attempted to report the injury but couldn’t find her supervisor and left after waiting an hour. The employer criticized her for not staying longer, ignoring that a supervisor was unavailable during normal business hours.
Medical Attention and Employer’s Response
My client sought medical attention over the weekend and reported the accident on Monday. Despite the employer’s denial, their Director of Operations admitted that the delay in reporting did not raise doubts about the accident’s occurrence.
Court’s Decision
The court ruled in favor of my client, finding her testimony credible and her actions reasonable. The employer’s justification for denying the claim was deemed unfounded.
Lessons Learned
This case underscores the importance of promptly reporting workplace accidents. Workers should utilize email or text to document their injury reports, ensuring there’s a record. Employers often shift blame to injured workers, as seen in Bridges, making thorough documentation crucial.
Conclusion
Workers’ compensation benefits are a legal right, but employers may resist fulfilling this obligation. If injured, insist on completing an accident report and document your requests in writing. This safeguards your rights and counters any claims of late reporting.
