Legal Question in Workers Comp in Louisiana

What options do I have?

I sustained back injuries while at work on Feb. 1, 2001. At this time, I am still on workers comp. I would like to know how I would go about in trying to settle this as soon as possible. The benefits paid by workers comp. are not enough to meet my monthly bills and obligations (including child support) and I am now facing the possiblity of foreclosure on my house, losing a vehicle, etc. What can I do to prevent this from happening? I am not able to work at all at this time and I do not know how long it will be before (or if) my back problem can be resolved. Please let me know something as soon as possible.

Thank you.


Asked on 12/20/01, 11:48 am

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: What options do I have?

Workers' compensation is a compromise. Employees do not have to prove negligence by the employer, and in return are guaranteed benefits, but at a reduced rate. You should receive 66 2/3% of your average weekly wage, up to the maximum. Sometimes this can be much less than 2/3's of your "actual" weekly wage. Unfortunately, settlements in these cases are very very low compared to the same injury not covered by comp. Also, since "the ability to work at ANY paying job" can reduce your weekly benefits, AND the maximum for total permanent disability is 10 years, there is no true incentive for the employer to settle quickly. Since you did not discribe how you were hurt or any other particulars, I suggest you seek the advice of an attorney face to face so that all the facts are known.

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Answered on 12/20/01, 8:48 pm


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