Workers compensation is traditionally reserved for employees injured on the job so they can receive money for injury treatment, or lost wages. If your family member dies while on the job, you can receive their workers’ compensation to pay for funeral arrangements and other expenses. The families of workers killed in Louisiana work-related accidents need time to grieve, though they also have to deal with the pressing financial issue of losing the income necessary to meet their monthly living expenses. Louisiana workers’ compensation death benefits can be collected to help families cover burial costs and living expenses. Our Louisiana workers’ compensation lawyers can help you file for the compensation death benefits you deserve and get you back on your journey to healing from the loss of a loved one.
Who Can Receive Louisiana Workers Compensation Death Benefits?
In Louisiana, workers’ compensation death benefits are paid weekly to a worker’s dependents if the worker dies after an accident at work. The dependents may be wholly or partially dependent. Those who are considered dependents of the deceased worker in Louisiana are:
- The surviving spouse who was living with the worker when the accident and death occurred
- Children under 18 years of age
- Children under the age of 23 who are full-time students in an accredited educational institution
- Children who cannot earn a living because of physical or mental disabilities
- Non-relatives who lived with the worker, if they were financially reliant on the deceased
- If you can prove that you were dependent on the individual who passed away
Louisiana employers may not be required to pay all dependents equally. If the deceased person’s contributions were a dependent’s only source of financial support, they are eligible for the full amount of available compensation. If the dependents only received some of their financial support from the deceased, they are considered partially dependent and receive only a proportional amount. Partial dependents payments are paid in proportion to the amount the deceased employee contributed to the partial dependents in the year prior to death.
In addition to family members, Louisiana also allows non-relatives who lived with the deceased and relied on their financial support to claim death benefits.
If the victim did not have dependents, certain parties can qualify for a lump sum payment of $75,000. Those who qualify for this lump sum include non-dependent adult children of the deceased worker or the surviving parents of the worker. In addition, surviving family members can receive up to $8,500 for funeral and burial expenses.
As a dependent in Louisiana, you have two years after the victims’ final medical treatments to claim workers’ compensation death benefits.
Our Louisiana longshore harbor death benefits lawyer can also help if a loved one was killed while working on the job.
Louisiana Workers’ Compensation Death Benefits and Allocation
In Louisiana, death benefit payments are based on a percentage of the deceased worker’s average weekly wages. The percentage of the wages which dependents receive depends on the number of dependents. The percentage of wages that go towards death benefits can’t surpass 65%. Louisiana Workers Compensation Death Benefits provide payment to the deceased employee’s family, including a $8,500 funeral benefit. The percentage of wages that go towards dependents are paid according to this schedule:
- Widow/Widower (“Widow”): 32.5% of employee’s average weekly wage
- Widow and One Child: 46.25% of employee’s average weekly wage
- Widow and Two or More Children: 65% of employee’s average weekly wage
- If there is no widow and one child alone: 32.5% of employee’s average weekly wage
- If there is no Widow and two Children alone: 46.25% of employee’s average weekly wage
- If there is no Widow and three or more Children alone: 65% of employee’s average weekly wage
- If no Widow or Children, then to dependent father or mother: 32.5% 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, 32.5% of employee’s average weekly wage with 11% additional for each brother or sister in excess of one.
- If other dependents than those enumerated, 32.5% 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 Lousiana Workers’ Compensation Death 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.
Contact an Experienced Louisiana Worker’s Compensation Death Benefits Lawyer Near You
The personal injury lawyers near you at Lavis Law Firm handle workers compensation death benefits.
If you need help or have any questions about your job injury, call me, a Louisiana or New Orleans workers’ compensation lawyer nearby, at 866-289-2802, or submit your inquiry online Please be advised that you may be facing important legal deadlines so don’t delay.
For any questions that you may have, contact a Louisiana Workers Compensation Death Benefits Lawyer.
Louisiana Workers Compensation Lawyer Review
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 – Personal Injury & Accident Attorney