Legal Question in Workers Comp in Louisiana

New job offer

I was hurt on the job about 18 months ago which required emergency surgery(ruptured disk with complications).The Neurosurgeon tells me I can never drive a truck again.I have been released for very light duty with many restrictions attached.

My company has offered me a job as a night security guard with much less pay than I was making at the time of my injury and since they have never had a postion of this kind before,I feel they will let me work a few weeks and terminate this new position and also me at the same time.

I do not have the education to do any other job and at my age(68),I am very afraid for myself and my wife.We found that we could only exist on Social Security.And not very well.I have no other health problems but this injury.

Please advise.Thank you.

Asked on 5/03/04, 7:08 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor
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Re: New job offer

Dear LawGuru Friend,

Sorry about your disabling accident! No doubt about it, you are entitled to workers compensation benefits for permanent partial disability, maybe even for permanet total disability. You must file a claim for such within one year from the time you suffered the disabling injury, or within one year from the time you received the last workmen's compensation payment, whichever is later. I do not think you are obligated to take this night-time job just to keep from getting cut off of disability payments. However, the fact that you are able to do this night time job (security guard) is some indication that you are not totally disabled, even though you are certainly partially disabled. There is a thing called "supplemental earnings benefits" (SEB) which you should become familiar with. That concept comes in to play when you have returned to work following a disabling accident, but are making less in the new position than you were making in the position you were in at the time of the disabling accident. With supplemental earnings benefits, you get a percentage of the difference between what you were earning before the disabling accident and what you are earning following the disabling accident. There is more to it all than this, but this is something to think about. Have you talked to any workmen's compensation attorneys yet? I suggest you do do. Until you sign papers with them, you will not owe them anything just for talking with them. Most claimants' lawyers are willing to talk with you and discuss the legal ramifications of your case without charging you, in hopes of getting your case on a percentage basis. I should be happy to discuss this matter with you at any time you would elect to call or contact me at (337) 478-6126. Feel free to give me a call! There is no charge for just talking. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

Read more
5/04/04, 1:11 am

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