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Covington Death Benefits Attorney

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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 Wanko Workers' Comp, 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 death benefit attorney 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

 

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 985-202-9907.

Frequently Asked Questions

In Louisiana, work injury death benefits are provided to the surviving spouse who was living with the worker at the time of death, and these benefits last for life or until remarriage. Children under 18, disabled children, and full-time students under 23 are also eligible for continued benefits. Other dependent family members may qualify if they can prove dependency on the worker's income. Biological or adopted children are prioritized for benefits. If there are no children, the deceased worker's parents receive a one-time payment of $75,000 and funeral expenses up to $8,500. The exact eligibility can vary, so it's important to consult with a qualified attorney to understand your specific situation.
In Louisiana, work injury death benefits are calculated based on the deceased worker's average weekly wage, with dependents receiving a percentage of this amount. Benefits range from 32.5% for a surviving spouse alone to up to 65% for a spouse with two or more children. The benefits are capped at 65% of the worker’s average wage. If there are partial dependents, benefits are adjusted proportionally. Additionally, there is a one-time payment of $75,000 for biological or adopted children, or to the parents if there are no children, along with funeral expenses up to $8,500. The exact percentage and duration of these benefits can vary, and legal guidance can help clarify the details for your case.
If your claim for work injury death benefits is denied in Louisiana, you should contact an experienced workers' compensation attorney for a thorough review of your case. The attorney can help determine if there are grounds for an appeal or if other benefits are available through different legal avenues. You may also explore the possibility of filing a wrongful death claim against a third party if their actions contributed to the death. Early legal consultation is crucial to navigating these options effectively. The appeals process can be complex, but legal support can improve your chances of a successful outcome.
To get help with applying for work injury death benefits in Louisiana, you can contact a specialized workers' compensation attorney who can guide you through the process. An attorney can assist with gathering necessary documentation, ensuring all forms are correctly filled out, and representing you in any legal proceedings if disputes arise. If you need assistance, reach out to us to get started.

Additional Information in Louisiana

Louisiana Workforce Commission - Workers' Compensation: Comprehensive resources and information about workers' compensation, including claims, benefits, and dispute resolution. It offers access to forms, guidelines, and contact information for assistance. The site helps with understanding the process of filing a claim, the benefits available, and the rights of workers and their dependents. It also provides information on how to resolve disputes and access legal help. This resource is valuable for navigating the complexities of a work injury death benefits case.
CaseText - Title 23 - Labor and Worker's Compensation: It offers detailed legal information on workers' compensation, including regulations, rights, and benefits for workers and their dependents. This resource is crucial for understanding the legal framework surrounding work injury death benefits, ensuring claims are correctly filed, and identifying applicable laws. It can also help with legal arguments in disputes and appeals.
U.S. Department of Labor - Workers' Compensation: Comprehensive information about workers' compensation, including federal and state-specific programs. It offers guidance on filing claims, understanding benefits, and accessing legal resources. The site also provides links to state-specific workers' compensation boards and resources. This information is crucial for understanding the broader context of work injury death benefits, navigating the claims process, and finding additional legal support and resources.

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 #1 
Covington, Louisiana 70433
New Orleans Location
1140 St. Charles Street
New Orleans, Louisiana 70130
Thibodaux Location
407 West Third St
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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