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Death Benefits

Dependency & Death Benefits

Louisiana work injuries that result in an employee’s death are the most serious claims an experienced workers’ compensation law firm can handle.

At Wank Law, we understand no amount of compensation can replace a beloved family member. And we know many families may never make a financial recovery from the loss of a primary wage earner, particularly without experienced legal help.

We focus exclusively on the representation of workers and families dealing with serious and fatal injuries as a result of Louisiana work accidents. And we offer free and confidential consultations - day or night - at our offices in New Orleans, Raceland and Covington, or by telephone or video conferencing.

Those dealing with the death of a family member in a work accident may not receive adequate help from Louisiana workers’ compensation insurance benefits. The workers’ compensation system is an insurance system that provides benefits to most employees who are injured or killed on the job, regardless of who was at fault.

While it alleviates the need to prove fault or liability on the part of an employer, it also protects employers, in most cases, from being sued for personal injury or wrongful death. Unfortunately, it does a better job of helping injured workers than those who are killed on the job. However, our experienced legal team will work to win all of the benefits to which you are entitled, through both workers’ compensation and other sources.

Early consultation with an experienced Louisiana work injury law firm can allow for thorough review of your case. In limited circumstances, a wrongful death claim may still be made against an employer. In other cases, a third party may be pursued for damages if it can be proven that party’s actions or inactions contributed to accidental death. Such parties may include any at-fault party not employed by a victim’s employer, including drivers, property owners, other contractors, or the owners, operators or manufacturer of equipment involved in the accident.

Louisiana Death and Dependency Benefits

Under Louisiana workers’ compensation law, a deceased workers’ family is entitled to weekly or monthly benefits, as outlined by law, or may be eligible for a one-time payment of $75,000 as well as money to cover funeral and burial benefits of up to $8.500.

In all cases, maximizing benefits available through workers’ compensation is the first job of your Louisiana work injury law firm.

Those eligible for benefits include:

  • A surviving spouse who was living with the worker at the time of death is considered a dependent under the law and may continue to receive benefits for life, or until remarriage.
  • Children under the age of 18, or disabled children or full-time students under the age of 23, are considered dependents and may receive benefits until age 18 or 23.
  • Disabled children may continue to receive benefits into adulthood in some cases.
  • If adequate proof is shown, other family members who relied on a worker’s income may receive benefits under the law.

The $75,000 benefit is available to the biological or adopted children of a deceased worker, or a deceased workers’ parents if there are no children.

The primary Louisiana statutes for death benefits are La. R.S. 23:1231, La. R.S. 23:1232, and La. R.S. 23:1233. These benefits are payable in accordance with state statute when death occurs within two years of the last treatment related to an accident or injury.

There are many challenges that commonly arise, not the least of which are the presence of step children, common-law spouses, same-sex marriages and other non-traditional family structures. In today’s world, such loved ones should be considered no less legitimate but are often required to fight for their rights under the law. In cases where more dependents are left, each must suffer a proportional reduction in benefits so that total paid benefits amount to no more than 65 percent of a decedent’s average wage at time of death.

Making a proper determination of an employee’s average wage is another factor that can significantly impact benefits. Additionally, dependents may be identified as either wholly dependent or partially dependent, with resulting benefits set by statutory formulas. Partial dependents are entitled to a reduced benefit based on their statutory eligibility multiplied by their percentage of dependency at the time of death.

In any case, these benefits will likely be inadequate when it comes to replacing a deceased loved one’s wages. Statutory guidelines range from 32.5 percent of wages for a widow or widower living alone, to 65 percent for a widow or widower with two or more children. This makes seeking any and all benefits to which you are entitled outside the workers’ compensation system a critical job of your chosen work injury law firm.

If you have been injured, call day or night for a free and confidential consultation to discuss your rights. Call 985-893-6530.

Louisiana Workers' Compensation Claims

-20 Years of Professional Experience- 

Will My Injury Be Covered?

Workers’ compensation covers both mental and physical injuries and occupational diseases.
Under Louisiana law, an accident refers to anything that is unexpected, unforeseen and occurs suddenly or violently – producing an injury.
The injury:
  • may or may not produce a disabling condition
  • may allow you to still work
  • may take you out of work
Generally, your compensation will not be affected depending upon who was at fault for the accident.
An occupational disease or illness is covered if it is the direct result of exposure to hazardous or toxic materials in the workplace. If you work in Louisiana’s oil and gas or chemical and petrochemical industries, you are at a greater risk to develop serious health conditions.

Common injuries suffered on the job include, but are not limited to:

Louisiana Workers' Comp Benefits

Will My Injury Be Covered?

In Louisiana, most workers are covered under Workers’ Compensation Statutes on the first day that they begin employment. These benefits extend to all workers whether they are employed full-time, part-time or seasonally.
Additionally, employees who are minors are also covered to the same degree as if they were adults.
Primary Types of Benefits:

Indemnity/Lost Wages — weekly payments based upon your average weekly wage; you will receive 66% of your average weekly wage capped at a maximum rate

Medical and/or Death — covers all necessary and reasonable medical treatment, including doctors visits, diagnostic tests, hospital stays, surgery, physical therapy, etc.

Mileage Reimbursement — travel related expenses to and from health care provider, pharmacy, etc. Vocational Rehabilitation program designed to retrain you in an attempt to return you to work for your previous employer, or find new work.

Contact Louisiana Workers' Comp

Whether you have suffered an immediate injury or have endured a long-term disability or chronic illness, you deserve to have the support you need to recover. Our work injury attorneys will provide you with nothing less than compassionate understanding and exceptional legal counsel.
We’re eager to start advocating on your behalf.
CALL US (985) 893-6530
Wanko Workers' Comp Lawyers provides its service in New Orleans, Covington, Houma, Thibodaux, Mandeville and all across Louisiana
Covington Location
19295 N 3rd St Ste 1 
Covington, Louisiana 70433
New Orleans Location
1140 St. Charles Street
New Orleans, Louisiana 70130
Thibodaux Location
406 West 3rd Street, STE 105
Thibodaux, Louisiana 70301

Disclaimer: The hiring of an attorney is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information on this website is for general information purposes only. This information on this website is not intended to create, and receipt or viewing of this information does not constitute an attorney client relationship. We are workers compensation attorneys serving the entire New Orleans area including Larose, Golden, Meadow, Thibodaux, Houma, Covington, Mandeville, Abita Springs, Metairie, Belle Chasse, Elmwood, Boutte, Harahan, Destrehan, River Ridge, Raceland, Slidell, Kenner and all of Louisiana. We serve St. Tammany Parish, Livingston Parish, Orleans Parish, and Jefferson Parish.
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