Louisiana Workers’ Comp Settlement Misconceptions (Part 4)
When it comes to Louisiana workers’ comp settlement claims, there are plenty of misconceptions that can create confusion for injured workers. To help clarify the facts, we’ve addressed the most common misunderstandings we hear from our clients. This is the final part of our multi-part series on workers’ Compensation misconceptions, focusing on settlements in Louisiana.
*If you missed Part 1, Part 2, or Part 3 regarding misconceptions related to workers’ compensation claims or indemnity benefits, you can view them on our Blog.
Misconception #1: The insurance company is required to settle my claim.
There is no law in Louisiana that requires a workers’ compensation insurance company to settle your claim. While many claims do result in settlements, this is not guaranteed. Every claim is unique, and whether a settlement occurs depends on the specific circumstances of your case.
Misconception #2: I don’t have to repay workers’ comp benefits after settling a motor vehicle accident claim.
If you were injured in a motor vehicle accident while working, you might have both a motor vehicle accident claim and a workers’ comp claim. However, if the workers’ compensation insurer has paid benefits for injuries covered under your motor vehicle claim, you may need to repay the insurer. Exceptions exist, such as negotiating for a reduced repayment amount or having the insurer waive their subrogation rights.
Misconception #3: Settling my workers’ comp claim will prevent me from working again.
Filing or settling a Louisiana workers’ comp settlement does not mean you’ll never work again. Employers are prohibited from discriminating against workers for filing a claim. While post-hire questionnaires may ask about prior injuries or claims, these cannot legally be used to fire or refuse to hire someone.
Misconception #4: I can’t settle my claim because I’m on Medicare.
Being on Medicare doesn’t prevent you from settling your workers’ comp claim. The key is ensuring that Medicare’s interests are protected for future medical care related to your injury. This is often done through a Medicare Set Aside (MSA). In some cases, the Center for Medicare Services (CMS) may review the MSA to confirm it adequately protects Medicare’s interests.
Misconception #5: The insurance company will pay my attorney’s fees.
In most cases, claimants pay their attorney a 20% contingency fee, as allowed by Louisiana workers’ comp law. This fee typically comes from the settlement or judgment awarded to the injured worker and must be approved by a Workers’ Compensation Judge. However, in certain situations, the judge may require the insurance company to pay penalties and reasonable attorney’s fees separate from the contingency fee.
Understanding Louisiana Workers’ Comp Settlements
Navigating workers’ comp claims in Louisiana can be overwhelming, especially when faced with confusing or misleading information. By learning the facts, you’ll be better prepared to handle your claim and make informed decisions about your settlement.
If you’re unsure about your rights or need guidance on your claim, contact Villeret Law Firm today. We offer free consultations to help injured workers understand their options and protect their rights.
