The Louisiana Workers Compensation Death Benefit provides payment to a deceased worker’s family, including an $8,500 funeral benefit. In this situation, the family typically has questions regarding who receives benefits and the order of preference when the beneficiary is not designated.
Who Receives Workers’ Compensation Death Benefits?
- Dependents of the employee would receive benefits according to a standard schedule:
- A Widow or Widower receives 32% of the employee’s average weekly wage
- A Widow or Widower and One Child receive 46¼ % of the employee’s average weekly pay
- A Widow or Widower and Two or More Children receive 65% of the employee’s average weekly wage
- One Child alone (no widow or widower) receives 32½ % of the employee’s average weekly pay
- Two Children alone (no widow or widower) receive 46¼ % of the employee’s average weekly wage
- Three or more Children alone (no widow or widower) receive 65% of the employee’s average weekly pay
- Dependent Father OR Mother (no widow or widower or children) receives 32½ % of the employee’s average weekly wage
- Dependent Father AND Mother (no widow or widower or children) receives 65% of the employee’s average weekly pay
- One Brother or Sister (no widow or widower or children or dependent parent) receives 32½% of the employee’s average weekly wage with 11% additional for each additional sibling
- Other Dependents (other than those listed above) receive 32½% of the employee’s average weekly pay with 11% extra for each additional dependent, to a maximum of 65% of employee’s average weekly wage regardless of the total number of dependents
- According to Louisiana workers compensation law, if an employee passes away with no legal dependents (biological or adopted) who are entitled to death benefits under state or federal law, the employee’s surviving children over the age of majority receive one lump sum payment of $75,000 to be divided equally. This lump sum payment constitutes the sole and exclusive compensation in this scenario.
- If an employee passes away with no legal dependents (biological or adopted) and no children who are entitled to death benefits under state or federal law, $75,000 is paid to each of the employee’s surviving parent in a lump sum. This lump sum payment constitutes the sole and exclusive compensation in this case.
How Long Are Death Benefits Paid?
The employee’s surviving spouse is paid the benefit until their remarriage or their death. Upon the remarriage of a surviving spouse, a lump sum equal to two years of benefits is issued.
Dependent children are paid death benefits until they reach the age of 18 (or 23 if they are a student or an older age if special needs inhibit the child from earning a wage).
Other dependents receive death benefits as long as their dependency exists or until their death.
If you have questions about what workers’ compensation death benefits may be available to you and your family, please get in touch with one of the best workers compensation lawyers at Stanley-Wallace Law. We’re prepared to help you protect your rights.
