Legal Question in Workers Comp in Louisiana

Re: Benefits to dependents

Dear LawGuru Friend,

You have pointed out to me something that I had not given any thought to: that when an injured worker is in jail, he is not entitled to workmen's compensation benefits. I did not realize that was the law. It makes sense, but I have never seen that in the law. However, I assume that being you are so connected with this situation that you know more about it than this lawyer. Lawyers know a lot, but we do not know everything. Assuming that is the law, and assuming you and your children have a right to pursue a claim for workmen's compensation benefits, then all workmen's compensation claims have to be filed within one year from the date of the disabling accident or within one year from the time that the last compensation benefit paid, and my position also is that this year runs also from the time the last medical benefit paid under the Louisiana workmen's compensation law. Frankly, you have posed something new to me. I did not know that a disabled worker's spoouse and/or children could file a claim for benefits when the disabled worker is still living. That is something that I just never gave any thought to. Are you sure you are entitled to do this? I know that when the employee dies as a result of the accident, that the spouse and children have rights to pursue a claim; but I am not aware of any provision of the law that entitles you and the children to pursue a workmen's compensation claims simply because the injured and disabled worker happens to be in jail. As I say, we lawyers know a lot, but we do not know everything. There is more to it all than this, but this is something to think about. Best of luck. If you need me research into this more for you, feel free to contact me again. I am always interested in learning more about the law. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA