Legal Question in Workers Comp in Louisiana

Louisiana Law

I was injured on the job and had to have emergency back surgery 2 years ago.Since then I have been under the care of a Neurosurgeon(company's choice)and he said I should be able to return to lite duty.After 2 months at new job that company created for me,this doctor pulled me off the job due to severe pain.I am in Physical Therapy now.The company called me last week and said they were afraid for me to come back to work at this new job.They want to settle for small amount with no future medical for this injury.I had been receiving Workers Comp payments up until I went back to work 2 months ago.The company wants to hurry this settlement now.Is it true that in Louisiana Workers Comp is liable for 10 yrs of weekly checks or is this a rumor?

Thank you for any help you can give me as I do not know what to do.

Asked on 8/31/04, 7:50 am

2 Answers from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor
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Re: Louisiana Law

Dear LawGuru Friend,

The company owes you 2/3 of your average weekly earnings during the period of your disability, whatever period that disability might be. I have never heard of any ten-year limitation. If your work-life expectancy is more then ten years, they owe your workmen's compensation payment for more than ten years: there is no ten-year limitation. Also, they owe you all of your medical bills and medically related expenses, including travel expenses (mileage) to and from the doctor, hospital, durgstore, etc. I suggest before you make any settlement that you read up on Louisiana workmen's compensation law and talk to one or more Louisiana workmen's compensation lawyers. Most lawyers don't charge just to talk. Feel free to call, write or FAX me! Best of luck!

Sincerely,

Hardy Parkerson, Atty.

3309 Common St., Suite B

Lake Charles, LA 70601

(337) 478-6126; FAX 478-9933

hmparkerson@bigfoot.com

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8/31/04, 9:25 am
Pascal Howard Pascal M. Howard, Atty @ LaW
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Re: Louisiana Law

If you are totally disabled there is a ten year limit on compensation checks. The medicals continue on until you reach the age of retirement. I want to say they try to say you can retire at age 62 however it may be 65, depending on your age now.

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9/08/04, 7:44 pm

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