Losing a loved one is always devastating, and it becomes even more challenging when their death occurs due to a workplace accident. If your family member passed away in a work-related incident in Louisiana, you may be wondering what steps to take next. Fortunately, Louisiana's workers' compensation system provides financial support for dependents of workers who die due to job-related accidents or occupational illnesses.

Understanding your rights and the benefits available can help ease the financial burden during this difficult time. Below, the experienced workers' compensation lawyers at Delsa Law Firm, LLC explain what happens when an employee dies on the job in Louisiana, the benefits available to dependents, and how to get the legal help you need to secure the compensation your family deserves.

Workers' Compensation Lawyer for Families in Louisiana

The loss of a loved one due to a work-related incident is heartbreaking, and securing the compensation your family is entitled to can feel overwhelming. Louisiana workers' compensation laws are designed to provide financial support to the dependents of employees who pass away due to workplace injuries or occupational illnesses. If you are facing this situation, Delsa Law Firm, LLC is here to assist you. Contact us for a free consultation at (985) 882-1222 or reach out online.

Workers' Compensation and Death Benefits in Louisiana

Louisiana workers' compensation laws ensure that the dependents of employees who die due to a work-related accident or illness receive financial support. Under Louisiana Revised Statutes § 23:1231, workers' compensation death benefits are available to provide financial relief without requiring proof of employer fault.

Death benefits are designed to help cover lost income and funeral expenses, ensuring that families can maintain financial stability after a tragic loss.

Who Qualifies as a Dependent?

Under Louisiana Revised Statutes Section 23:1232, the following individuals may qualify for workers' compensation death benefits:

• Spouse of the deceased worker
• Children, including biological, stepchildren, legally adopted children, and posthumous children
• Parents, if they were financially dependent on the worker
• Siblings, if they were financially dependent on the worker

Dependency is automatically presumed for a spouse and children under 18 (or over 18 if physically or mentally incapacitated from earning) or under 23 if they are full-time students enrolled and attending any accredited educational institution. Other family members may need to prove financial dependence to qualify.

How Death Benefits Are Calculated

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. According to Louisiana Revised Statutes Section 23:1232, the amount ranges from 32.5% to 65% of the employee's average weekly wage rate to be divided equally among them 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;

-          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.

How Long Do Death Benefits Last?

The duration of benefits depends on the recipient's status:

• Spouse: Benefits continue until remarriage. If the spouse remarries, they receive a one-time lump sum equal to two years (104 weeks) of benefits.
• Children: Benefits continue until they turn 18, or 23 if they are full-time students.
• Disabled Dependents: If a dependent child or spouse is permanently disabled, they may receive benefits for life.

Funeral and Burial Expenses

Louisiana workers' compensation also covers funeral and burial costs. Under Louisiana Revised Statutes Section 23:1210, families may receive up to $8,500 in reimbursement for funeral expenses. If the costs exceed this amount, the family is responsible for covering the remainder. If the costs are less than $7,500, the difference between the costs and $7,500  is to be paid to the heirs of the deceased employee.

When Is a Death Not Covered?

While workers' compensation covers most work-related deaths, there are certain situations where benefits may not be available. According to Louisiana Revised Statutes Section 23:1081, benefits may be denied if:

• The worker was intoxicated or under the influence of illegal drugs at the time of the accident.
• The worker's death was due to willful intent to injure themselves or others.

How Long Do You Have to File a Claim?

If you are a dependent seeking death benefits, you must file a claim within one year of the worker's death, as required by Louisiana Revised Statutes Section 23:1209. If you miss this deadline, you may lose the right to claim any benefits.

To support your claim, it is essential to gather necessary documents, such as medical records, proof of employment, and evidence connecting the death to the worker's job.

How a Workers' Compensation Lawyer Can Help

Navigating Louisiana's workers' compensation system can be overwhelming, especially when grieving. A skilled workers' compensation lawyer can provide valuable assistance by:

• Explaining Your Rights: Ensuring you understand the benefits available and the process of securing them.
• Filing Your Claim Correctly: Handling the paperwork to meet deadlines and avoid errors that could delay your benefits.
• Negotiating with Insurance Companies: Advocating for the full benefits you deserve.
• Representing You in Disputes: If your claim is denied or benefits are insufficient, an attorney can represent you in appeals before the Louisiana Office of Workers' Compensation.
• Exploring Additional Legal Options: In some cases, a wrongful death lawsuit may be possible if negligence was involved.

Support After a Workplace Tragedy — Slidell Louisiana Workers' Comp Attorney

Losing a loved one due to a workplace accident is devastating, but Louisiana workers' compensation laws are designed to help families cope financially. If you need assistance filing a claim or facing challenges with your case, Delsa Law Firm, LLC is here to help. Contact us today for a free consultation at (985) 882-1222 or online.