Legal Question in Workers Comp in Louisiana

workmanscomp

I owend my owen trucking company i was in a acc. in my rig 4 years ago i filed against my ins. and they have been blocking my medical treatment every since even though the judge gave me 100% medical i made 6,000 dollers a week but they said theres a cap on my wages as to what i could receave what i would like to know is when i go to triel will they also say that theres a cap on finel settelment and iv had surgery and if there is a cap what is it


Asked on 11/10/08, 2:18 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: workmanscomp

Dear Friend,

I suggest you go to the website of the Louisiana Legislature, see the left-hand side of the homepage and click on Louisiana Laws, then later on Louisiana Revised Statutes, and then on Title 23 of the Louisiana Revised Statutes, and read and learn as much about Louisiana workers compensation law as you can. Yes, workers compensation benefits are limited to a percentage (2/3) of your average weekly wage, during the period of your disability, plus your medical expenses incurred as a result of your accident, injury and disability. Of course, you can settle for anything that the insurance company wants to pay, but they also know the upper limit of their liability exposure for compensation benefits; and surely they would not offer you more in settlement than they know you would receive should the case be tried and you win everything you are entitled to. Again, what you are entitled to is two-thirds of your average weekly wages for the period of your disability, plus your medical expenses incurred as a result of your accident, injury and disability. There is more to it all than this, but this is something to think about. I suggest you call attorney Robert Jacques in Lake Charles, who specializes in workers compensation cases and ask to talk with him and just tell him your situation and get him to discuss this matter with you over the phone. Since you already have a suit filed, apparently you are already represented by a lawyer; so, naturally, you should make an appointment and go discuss your questions with him. I wish you the best of luck with this matter!

Sincerely,

Hardy Parkerson, B.A., J.D.

Retired Lawyer

Lake Charles, LA

[email protected]

Read more
Answered on 11/10/08, 11:29 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Louisiana