LOUISIANA WORKERS' COMPENSATION SETTLEMENTS

A Louisiana Workers' Compensation settlement is an agreement in which a Workers' Compensation insurance company pays an injured employee, in a single lump-sum payment, part or all of the wage benefits and medical benefits that the employee would otherwise be expected to receive on a periodic basis. The parties may also settle any claims that the employee may have for penalties and attorney's fees. 

In the vast majority of claims, it's wise for an injured employee to get any significant medical treatment that they need before they agree to a settlement. One of your main goals should be to aggressively pursue your medical treatment until you've  recovered from your injury as much as possible. This may include physical therapy, counseling, medication, surgery and a variety of other medical options, but you're never required to undergo any medical treatment you do not want to have. (There is sometimes an exception for hernia surgery.) When you have gotten all of the medical major treatment that you intend have, your doctor may conclude that you're at "maximum medical improvement."

The most important factors you and your attorney need to consider when figuring out the appropriate settlement for your claim are:

• Whether you believe that you can return to work.
• Whether your doctor, or the insurance company's doctor, has released you to return to work.
• Whether the employer you were working for at the time you were injured has a job for you now.
• The amount of income you were earning before your injury.
• The amount of income you are currently able to earn. Answering this question involves determining the exact restrictions imposed by your doctors, the results of any Functional Capacity Evaluation or Labor Market Survey performed during your claim, how much you believe you can earn, how much the insurance company believes they can prove you can earn and how much a Louisiana Workers' Compensation Judge would be likely to conclude you can earn based upon all of the evidence. 
• Whether you've been approved for Social Security Disability and Medicare.
• Whether you will continue to need medical treatment for your injury.

Once you've reached maximum medical improvement, you may be in a position to discuss the settlement of your claim. Our office can help you in evaluating your claim and negotiating a settlement with your employer and their insurance company.

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