Legal Question in Workers Comp in Louisiana
worker comp
i injured myself 12/05.. i cut my thumb and index finger on a table saw.. well i damaged nerves and tendents.. so i was out of work for months.. all i received was $333.35 a week.. i had been making $750 a week.. then after about a 18 months my finger started to hurt.. BAD!!!! so the doc went back in the index finger 8/07.. and again out of work for months. and workers comp only giveing me $333.35 a week.. i was wondering if i could sue for the loss of use in my 2 fingers?? and if they paid me correctly??? that why we have insurance.. Right???
2 Answers from Attorneys
Re: worker comp
Workers Comp pays 2/3's of your usual pay, capped by some amount. I think you should have been making more, but I am not sure. You cannot sue for the fingers. Who was at fault? Because WC pays no matter if you were at fault or no one, then the trade off is you cannot sue for damages. Again, fingers are rated and a lump sum can be obtained for loss of the fingers.
Re: worker comp
Workers' Compensation is limited to 2/3 of your average weekly wages and all related medical expenses paid. There is a cap on the amount you can receive, but its more than $333.35. Were you making less money in the recent past?