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Louisiana Workers’ Comp Death Benefits: Who Gets What? How Long?

Louisiana Workers Compensation Death Benefits provide payment to the deceased employee’s family, including a $8,500 funeral benefit.

WHO RECEIVES BENEFITS AND IN WHAT ORDER?

Dependents are paid according to this schedule:

  • Widow/Widower (“Widow”): 32 ½ % of employee’s average weekly wage
  • Widow and One Child: 46 ¼ % of employee’s average weekly wage
  • Widow and Two or More Children: 65% of employee’s average weekly wage
  • If no Widow & One child alone: 32 ½ % of employee’s average weekly wage
  • If no Widow & Two Children alone: 46 ¼ % of employee’s average weekly wage
  • If no Widow & Three or more Children alone: 65% of employee’s average weekly wage
  • If no Widow or Children, then to dependent father or mother: 32 ½ % of employee’s average weekly wage
  • If no Widow or Children, then to dependent father and mother: 65% of employee’s average weekly wage
  • If there are neither widow, widower, nor child, nor dependent parent entitled to compensation, then to one brother or sister, 32 ½ % of employee’s average weekly wage with 11% additional for each brother or sister in excess of one.
  • If other dependents than those enumerated, 32 ½ % of employee’s average weekly wage for one, and 11% additional for each such dependent in excess of one, subject to a maximum of 65% of employee’s average weekly wage for all, regardless of the number of dependents

If the employee leaves no legal dependents, whether biological or adopted, entitled to benefits under any state or federal compensation system: one lump sum payment of $75,000 shall be paid to the employee’s surviving biological and adopted children who are over the age of majority, to be divided equally among them, which shall constitute the sole and exclusive compensation in such cases. If none, then one lump sum payment of $75,000 shall be paid to the employee’s surviving biological and adopted children who are over the age of majority, to be divided equally among them, which shall constitute the sole and exclusive compensation in such cases.

If the employee leaves no legal dependents and no biological or adopted children entitled to benefits under any state or federal compensation system: $75,000 shall be paid to each surviving parent of the deceased employee, in a lump sum, which shall constitute the sole and exclusive compensation in such cases.

 

HOW LONG ARE BENEFITS PAID?

Surviving spouses are paid the benefit until remarriage (at which point a lump sum of two years is paid) or death, while dependent children are paid the benefit until the age of 18 or 23 if they are a student or an older age if the child is physically or mentally incapacitated from earning. Other dependents are paid as long as their dependency exists or terminates upon their death.

For any questions that you may have, contact a Louisiana Workers Compensaton Death Benefits Lawyer.

 

READ WHAT OUR CLIENTS HAVE TO SAY   

“I had the pleasure of meeting and being recommended by the internet. I was trying to help my young nephew who was suddenly thrust into the world o f Workers Compensation the death of his father in a work accident. Was very difficult. The accident was in Louisiana and the family are all in California. I inquired thru the internet, “If there is a time limit for payment of a death benefit” I was told to wait and she would get an answer. Shortly thereafter my phone rang and it was Charles Lavis wishing to help.This was on a Sunday evening. He immediately started answering all my question and even reached out on his own to obtain information that I wasn’t even aware of. He did all of this without yet being retained.He said he would be available to help regardless of what the family would do for WC assistance. “Charlie” is extremely knowledgeable, extremely sympathetic and above all else supporting and friendly I appreciate him so much………….Harvey Al West”

Review by: Harvey Al West

Reviewing: Lavis Law Firm

Read More Testimonials

 

Source:

RS 23:1231 Death of employee; payment to dependents; surviving parents

RS 23:1232 Allocation to dependents; schedule of payments

RS 23:1233 Death or marriage of dependent; age limit of minor dependent

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