For job injuries falling under the Louisiana Workers Compensation Act, the Act provides that a lump sum settlement is permitted only (1) Upon agreement between the parties, including the insurer’s duty to obtain the employer’s consent; (2) When it can be demonstrated that a lump sum payment is clearly in the best interests of the parties; and (3) Upon the expiration of six months after termination of temporary total disability. However, such expiration may be waived by consent of the parties.
Furthermore, a lump sum or compromise settlement entered into by the parties must be presented to the workers’ compensation judge for approval through a petition signed by all parties and verified by the employee or his dependent, or by recitation of the terms of the settlement and acknowledgment by the parties in open court which is capable of being transcribed from the record of the proceeding.
The settlement typically includes a settlement of any and all claims the employee may have whatsoever against the employer and its insurer, including past, present and future medical benefits, indemnity payments, vocational rehabilitation benefits, mileage benefits, penalties, attorney fees, interest and any other potential claims the employee may have against the employer or its insurer and their representatives.
For questions about Workers Compensation Settlements in Louisiana, contact aLouisiana Workers Compensatoin Lawyer.