Losing a loved one to a workplace accident or occupational illness is an unthinkable tragedy. Beyond the emotional toll, many families are left facing financial uncertainty—especially if the deceased was the primary breadwinner. Fortunately, Louisiana workers’ compensation law provides death benefits to help support eligible dependents. These benefits are intended to replace lost income and ease the financial burden on those left behind.
At Wanko Workers’ Comp Lawyers, we focus exclusively on representing injured workers and their families across Louisiana. If you’ve recently lost someone due to a job-related injury, this guide will help you understand who is eligible for benefits and what steps you may need to take to secure them.
What Are Workers’ Compensation Death Benefits?
Death benefits are a form of financial support provided to the dependents of a worker who dies due to an injury or illness arising out of their employment. These benefits are not awarded through a lawsuit—they’re provided under Louisiana’s workers’ compensation system, which offers financial protection regardless of fault.
In Louisiana, death benefits may include:
- Weekly compensation payments based on a percentage of the deceased’s average weekly wages
- Funeral and burial expenses up to $8,500
- Ongoing support for minor children or dependent family members
These benefits are critical in helping families cover everyday expenses, childcare, rent or mortgage payments, and other costs after losing a loved one.
Who Qualifies as a Dependent?
Louisiana law divides potential claimants into two categories: presumptive dependents and actual dependents. The distinction matters, because it determines how much evidence is required to claim benefits.
Presumptive Dependents
These individuals are automatically considered dependent and don’t need to prove financial reliance on the deceased worker. Presumptive dependents include:
- Spouse: A surviving spouse who lived with the worker at the time of death
- Children under 18: Including biological and legally adopted children
- Children up to age 23: If they are full-time students
- Children of any age: Who are mentally or physically incapable of self-support
These family members have priority under the law and are typically the first to receive compensation after a claim is approved.
Actual Dependents
Other family members may qualify as dependents, but they must prove they were financially supported by the deceased. This category includes:
- Spouses not living with the worker at the time of death
- Adult children who are not full-time students
- Parents, siblings, or grandchildren who relied on the deceased for financial assistance
To qualify, these individuals may need to provide documentation such as shared bills, housing arrangements, bank transfers, or affidavits showing regular support.
How Are Death Benefits Paid Out?
The weekly compensation amount is based on a percentage of the deceased worker’s average weekly wage, subject to a state-set maximum. Here’s how the benefit amounts are generally structured:
- One dependent: 32.5% of the worker’s average weekly wage
- Two dependents: 46.25%
- Three or more dependents: 65%, divided equally
These benefits continue until the dependent reaches the end of their eligibility period. For children, this is typically their 18th birthday (or age 23 if in school). For a spouse, payments may continue until remarriage, unless otherwise determined by the court.
In the event that a dependent becomes ineligible—such as a child aging out—benefits may be redistributed to other eligible dependents.
Proving Eligibility Can Be Complicated
While some relationships are clearly defined by law, others fall into gray areas. For example, what if the deceased worker was supporting a stepchild or an elderly parent? What if the surviving spouse had separated from the worker but was still financially dependent? These cases require strong evidence and often face challenges from insurance companies.
At Wanko Workers’ Comp Lawyers, we work with families to gather everything needed to prove dependency, including tax returns, lease agreements, bank records, and witness affidavits. We take the burden off your shoulders so you can focus on healing.
What If the Claim Is Denied?
Insurance companies sometimes dispute dependency, claim the death wasn’t work-related, or offer less than what’s owed. If your claim has been delayed or denied, you still have options. Our attorneys can represent you before the Louisiana Office of Workers' Compensation Administration (OWCA) to appeal the decision.
We fight for the maximum compensation allowed by law and won’t back down when insurers try to undercut grieving families. In some cases, additional claims may be available if a third party contributed to the death, such as an equipment manufacturer or contractor.
Don’t Wait—There Are Strict Deadlines
Louisiana law imposes tight deadlines on workers’ compensation claims. In general, dependents must file a death benefits claim within:
- One year from the worker’s death if the injury or illness caused the death immediately
- Two years from the date of injury if death occurred later as a result of complications
If you miss these deadlines, your right to benefits may be lost forever. That’s why it's important to reach out to an attorney as soon as possible.
We’re Here to Help You Through This
No amount of money can make up for the loss of someone you love. But workers’ compensation death benefits can provide the support your family needs to keep moving forward—especially when faced with funeral costs, medical bills, and the loss of household income.
At Wanko Workers’ Comp Lawyers, we’re committed to helping Louisiana families secure the benefits they’re entitled to under the law. Whether you’re unsure of your eligibility or need help filing a claim, we’re ready to assist you every step of the way.
To find out if you qualify for death benefits or get help with your claim, contact us today. We’re honored to stand with the families of Louisiana’s workforce—and we’re ready to fight for the justice and financial security you deserve.
