Workers' Comp Settlements in Louisiana

Yes. A claim can be settled by a lump-sum or compromise settlement, but the settlement must be presented to a workers' compensation judge for approval, either by a petition signed by all parties and verified by the worker, or by reciting the terms in open court. If the worker has a lawyer, the worker and the lawyer must sign affidavits that the lawyer explained the worker's rights and the consequences of settling. If the worker has no lawyer, the judge must decide that the worker understands the terms and may refuse approval if the settlement does not provide substantial justice to all parties. Once approved, a settlement can be set aside or changed only for fraud or misrepresentation by a party.

Temporary total disability benefits have no fixed week limit; they stop when the worker's physical condition has resolved itself to the point that continued, regular treatment by a physician is no longer required. Permanent total disability benefits have no stated week limit. Supplemental earnings benefits (for a worker who can return to some work at reduced earnings) can never exceed 520 weeks in total, and they also end after any two-year period following the end of temporary total disability during which they were not paid for at least 13 consecutive weeks. Permanent partial disability benefits for the loss or loss of use of a body part are paid for a set number of weeks from a schedule (for example, 150 weeks for the loss of a hand), with a general limit of 100 weeks for certain other permanent impairments not on the schedule.

An attorney's fee for representing an injured employee may not exceed 20% of the amount recovered, and attorney fee claims are not enforceable unless reviewed and approved by a workers' compensation judge.