Legal Question in Workers Comp in Louisiana

Worried about Security

My husband was killed on the job in May of 1999. Consequently I am receiving monthly payments from Workmen's Compensation. I was contacted by the company several months ago offering me a lump sum, which I declined. After decling their offer the company began making me feel very insecure about the future of my payments. I was told, ''you know if we go bankrupt you lose everything.'' My question is - Is this true? Are my payments not insured in any way? Please help as if these payment are lost I too will lose everything. Should I have taken their offer, though I felt it unfair?


Asked on 3/03/02, 8:57 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Worried about Security

First, let me send you my sincerest sympathies on your loss. Your situation typifies the need for good legal advice in important matters. There are many questions which still need to be answered to give you any security. But keep a couple things in mind...workers compensation law is a trade-off, where the employee need not prove any negligence to collect, and the employer is shielded from large monetary awards for injury and death. That is why the offer made by the company seemed low. I assume you spoke with an attorney about this. Unfortunately, the vast majority of workers compensation laws past by the legislature in the last 10 years have favored the employer. The Louisiana Insurance Guarantee Association was formed to pick up obligations of insurance companies and self-insureds who go bankrupt. However, do not let this internet forum take the place of a visit to an attorney. For your peace of mind, please seek legal counsel without delay. Good luck.

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Answered on 3/04/02, 6:26 am


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