Legal Question in Workers Comp in Louisiana

Re: Workers Compensation Law

Dear LawGuru Friend,

First of all, sorry about your father!

Secondly, when we lawyers sign up to answer questions on LawGuru we do not guarantee we'll be able to answer every one, and correctly. We come across some we do not know the answer to ourselves, like yours. However, here's my thinking: (1) If the settlement had been agreed to and put in writing and signed, but just not "approved" by the Worker's Compensation office before your father died, then I think a good case could be made in contract to show it was a binding agreement and should be honored. However, since it was not "approved", and since such settlements must be approved by the Office of Worker's Compensation, I think this might very well be a stumbling block. From the facts you give, it may very well be that the lady at the Office of Workmens compensation is right: that his right to receive disability benefits ended with his death; or that the employer's obligation to pay, ended with his death.

(2) However, if it has been less than a year from the disabiling accident, I would certainly look for a liable non-employer, not-fellow employee, who might have caused or contributed to the disabling accident and seek damages in tort (for negligence, for causing the accident, or contributing to it.) One has only a year from the time of the accident within which toi institute a suit in tort for damages.

I am sorry I cannnot give you a more definitive answer, but you do have a complicated legal problem here, one that does not often arise. It will take some research for you to get a final and correct answer. I took a shot at your question. I hope I came close to answering it correctly. If you are in LA and you want to call me about it, feel free to do so. I'll find you a definitive answer at no charge. I want to know for sure the answer myself. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, Louisiana