Delsa Law Firm, LLC

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.