What Happens if My Child is Injured by a School Bus?
If your child has been injured by a school bus or in a school bus crash in Louisiana, the Delsa Law Firm, LLC can help recover damages
Can Workers’ Compensation Benefits Expire Before You’re Fully Healed?
Different types of workers’ compensation benefits in Louisiana have different potential expiration periods
Who’s at Fault in an Autonomous Vehicle Accident?
Autonomous vehicles can be liable for accidents in Louisiana; the Delsa Law Firm, LLC, can help you if you’ve been in a crash with one
What if I Can’t Return to My Old Job Assignment Because of my Workplace Injury?
If your on-the-job injuries prevent you from doing your old job, you may be entitled to vocational rehabilitation under Louisiana law
Why Do Workers’ Compensation Cases Take So Long to Resolve? What Can I Do to Speed Things Up?
You may have heard that resolving a workers' compensation dispute in Louisiana takes a long time. If you are considering filing a claim for benefits that your employer or insurer has refused to provide, you might also wonder if you can do anything to help move things along a bit faster. As a gen...
Don’t Delay Reporting Your Workplace Injury
If you're injured on the job in Louisiana, it's important to report your injury to your employer promptly for several reasons: 1. If you delay in reporting your injury, you may not receive prompt medical attention, which could worsen your condition and increase your recovery time. 2. Reportin...
Workers’ Compensation if You’re Injured in a Fight at Work? It Can Happen!
If you’re injured in a workplace fight, you may still be entitled to workers’ compensation in Louisiana
Who Receives Workers’ Compensation Death Benefits in Louisiana?
In addition to providing benefits to employees injured in workplace accidents, Louisiana’s Workers’ Compensation laws provide death benefits if the employee dies because of their injuries or because of a work-related illness. Dependents Are Entitled to Benefits Workers’ compensation death benefits are payable to those who were dependent upon the deceased employee at the time of his/her death. Certain individuals are presumed to be wholly dependent upon the deceased employee: - The spouse of the employee, if the two were living together at the time of the employee’s accident or death. - Children under the age of 18 who were living with the employee at the time of the employee’s injury or death. - Children under the age of 23 who are enrolled full-time as a student at “any accredited educational institution.” - Children over the age of 18 who are “physically or mentally incapacitated from earning” and who lived with the deceased. A spouse and/or children not living with the decedent at the time of accident or death are not presumed to be dependents and must prove dependency. Likewise, a non-relative living with the deceased employee must prove dependency. How Much Are the Benefits to Surviving Dependents? The amount of weekly benefits each dependent receives will vary depending on the deceased employee’s weekly wages and how many dependents are entitled to receive benefits. The amount ranges from 32-1/2% to 65% of the employee’s former weekly wage as follows: - 32.5% for a widow or widower alone; - 46.25% for a widow or widower and one child; - 65% for a widow or widower and two or more children; - 32.5% for one child alone; - 46.25% for two children; - 65% for three or more children; - If there are no widow, widower or child, then 32.5% to the father or mother. If there are both a father and mother, 65%; - If there are no widow, widower, child, or dependent parent, then to one brother or sister 32.5% and an additional 11% for each brother or sister in excess of one, subject to a maximum of 65% for all; - If there are other dependents, 32.5% for each dependent, and an additional 11% for each such dependent in excess of one, subject to a maximum of 65% for all. In addition, surviving family members can receive up to $8,500.00 for funeral and burial expenses. The Louisiana Workers Compensation Act establishes a priority among claimants for death benefits depending upon whether the claimant is “wholly dependent” or “partially dependent.” Dependence is based upon the support given by the deceased employee in the year prior to his accident or death. Wholly dependents are given first priority. Only after all wholly dependents are taken care of can benefits be paid to partial dependents (and assuming the maximum has not been paid). Partial dependents are only entitled to a portion of the compensation he/she would receive if he/she were wholly dependent. How Long Do Dependent Death Benefits Last? Weekly payments to a surviving spouse continue until the death or remarriage of the spouse. In the case of remarriage, the surviving spouse receives a lump sum payment equal to two years’ worth of benefits. Payments to surviving dependent children continue until they reach 18. If the surviving child is a full-time student, they can continue to receive benefits until they reach 23. Payments to children mentally or physically incapacitated from earning wages will continue to receive benefits as long as their incapacity exists. Benefits for Deceased Employees With No Dependents If the employee dies with no dependents, one lump sum payment of $75,000.00 will be paid to the surviving biological and adopted children of the deceased employee to be divided equally among them. If the deceased employee leaves no legal dependents and no biological or adopted children, one lump sum payment of $75,000.00 will be paid to each surviving parent of the deceased employee. The Delsa Law Firm, LLC, Can Help You With Your Workers’ Compensation Claims If you are the spouse, child, or parent of someone who died in a workplace accident or of a work-related illness, and you believe you are not receiving the survivors’ benefits you’re entitled to under Louisiana’s Workers’ Compensation laws, contact the Delsa Law Firm, LLC, for help. Attorney Ben Delsa has years of experience helping clients working in Louisiana collect what they have coming to them following an on-the-job accident, illness, or death. Call the Delsa Law Firm, LLC, today to learn more about how we can help. You can reach us at (985) 882-1222 or through our online contact form. Our office is in Slidell, just off of I-12, near the intersection of Interstates 10, 12, and 59.
What to Do if the Other Driver Flees the Scene of a Crash
If you’re involved in a crash and the other driver flees, gather information at the scene and call the Delsa Law Firm, LLC for help
Most Dangerous Roads and Highways in Louisiana
The most dangerous road in Louisiana is always the one you’re driving on. When accidents happen, call the Delsa Law Firm, LLC, for help
Do’s and DO NOT’s After a Car Crash
If you’re involved in a car crash in Louisiana, there are certain things you should and should not do afterward.
Can I File for Workers’ Compensation and a Personal Injury Claim for My Work Injuries?
In some cases, you may be able to file both a workers’ compensation claim and a personal injury lawsuit for your work injuries
How Much is My Car Accident Case Worth?
Accident Damages in Louisiana | Delsa Law Firm LLC Description: If you’ve been injured in a car accident in Louisiana, you may be entitled to substantial damages. The Delsa Law Firm, LLC, can help you recover.
Insurance Company Tactics to Delay, Avoid, or Minimize Payments
Insurance Company Tactics | Delsa Law Firm, LLC Description: Insurance companies use various tactics to delay or avoid making payments; let the Delsa Law Firm, LLC, help you get what you’re entitled to.
Accepting an Insurer’s First Offer After a Car Accident Can be an Expensive Mistake
It's tempting – you've been in a crash involving another driver, and shortly after that, you're contacted by their insurance company with what sure seems like a very generous offer. Having that money in your account wouldn't hurt and might even go a long way towards helping you pay some bills. So...
The Other Driver Got the Ticket – Do I Still Need an Attorney?
It might seem like a “no-brainer” – you're in an accident, and the other driver is ticketed while you're not. Maybe the police report states that the driver is the one responsible for the crash. So why would you need a lawyer for what appears to be an open-and-shut case? Unfortunately, it's not ...
Will My Workers’ Compensation Case Hurt My Employer?
Many of us develop an attachment to our jobs and the people we work with. Sometimes, we've accepted a friend's offer to work for them; other times, we just really enjoy what we do and who we work with and want to do everything we can to help the company we work for succeed. If we're injured in a...
Five Ways an Attorney Can Help You With Your Workers’ Compensation Case
If you've been injured in a workplace accident in Louisiana and your workers' compensation claim has been denied, or your benefits have been reduced or cut off by your employer or insurer, you may be wondering whether it's time to contact an attorney to help you with your case. There are a number...
Who’s Watching You While You’re Watching the Krewes? (Part Two)
Mardi Gras Insurance Surveillance | Delsa Law firm Description: If you are seeking damages or benefits because of an injury, insurance companies may be watching you during Mardi Gras season
Who’s Watching You While You’re Watching the Krewes? (Part One)
If you've filed a personal injury lawsuit that is asking for damages because of a physical injury you've suffered, or if you were hurt in a workplace accident and are claiming or receiving workers' compensation benefits, you may be under surveillance this Mardi Gras season. Insurers eager to cut ...
Are Undocumented Workers Eligible for Workers’ Compensation in Louisiana?
Louisiana's workers' compensation laws are designed to protect many different types of workers who are injured in workplace-related accidents. These protections do not depend on the immigration or citizenship status of the workers; in other words, undocumented workers in Louisiana are protected u...
Plaquemine Dow Workers Should Be Alert for Ethylene Oxide Injuries
A spectacular series of explosions at the Dow chemical manufacturing plant in Plaquemine on the evening of July 14, 2023, lit up the night sky for miles around, frightened local residents who were advised to shelter in place with windows closed and air conditioning off until the fire was containe...
Workers’ Comp for Holiday Party Mishaps? It Can Happen
You wouldn't think that injuring your back during a Limbo competition at your office's holiday party would entitle you to workers' compensation benefits – and you might be right. But then again, you might be wrong. It depends on several factors; in fact, the same kinds of factors are used to eval...
Can I Receive Workers’ Compensation Benefits in Louisiana if I’m Injured on the Way to Work?
You might think that if you're injured in an accident on your way to or from work, you should be entitled to workers' compensation benefits. There is some logic to that idea – after all, in order to do your work, you have to get there and back, and your employer isn't going to let you live on-sit...
Workers’ Compensation When Your Friend or a Family Member Runs the Business
If you work at a company owned or operated by a close friend or family member, you know the situation has unique positives and negatives that set it apart from the usual employee-employer dynamic. For example, you might be more willing to take on extra hours or tasks than you would if you worked ...