New Orleans Workers’ Compensation Death Benefits Lawyer
Sadly, hundreds of workers in Louisiana lose their lives in workplace accidents. They leave behind family members who are struggling to pick up the pieces and often feeling financial stress.
In Louisiana, a workers’ compensation claim doesn’t end just because the worker dies. Many times, family members can qualify for a death benefit. These benefits help family members enormously, especially if their main breadwinner has passed. To learn more, contact Lunsford Baskin & Priebe today. Our New Orleans workers’ compensation death benefits lawyer will meet to discuss your options.
Death Benefits in Louisiana
There are multiple benefits available to dependents in Louisiana. First, you might qualify for up to $8,500 in funeral and burial expenses. This money can defray the cost of giving your loved one a proper burial.
Second, and more significantly, certain dependents can receive weekly or monthly checks based on the deceased’s average weekly wage:
- Surviving spouse
- Minor children
- Children who are mentally or physically disabled
- Children under age 24 who are enrolled in school
- Other family members who were dependent on the worker
Where the worker left behind no family members or children, then siblings or parents might receive a lump sum payment of $75,000 to be divided between them.
The amount you can receive is set by formula depending on the number of dependents surviving. Here are some general rules:
- If a surviving spouse is the only dependent, then 32.5% of the worker’s wages.
- If a surviving spouse and one child, then 46.25% of the workers’ wages.
- If a surviving spouse and two or more children, then 65% of wages.
- If one child survives as the only dependent, then 32.5% of the workers’ wages
- If two children only, then 46.25% of wages.
- If three or more children, then 65% of wages.
Claimants will be categorized as “wholly dependent” or “partially dependent.” If only partially dependent, then they will receive less in compensation than someone who relied wholly on the deceased worker for support. Some family members, like a spouse living with the deceased at the time of the accident, are presumed to be wholly dependent.
There are also maximum compensation rates which might apply, depending on how much your loved one made before death.
How a New Orleans Workers’ Compensation Death Benefits Attorney Can Help
Louisiana’s detailed workers’ compensation rules might seem to simplify the process so that disputes never arise. But insurers have an incentive to deny benefits or categorize someone as partially dependent to reduce the amount they pay. Family members need an experienced attorney to help them collect benefits.
An attorney can provide help with many issues, including proving your loved one’s death was covered by workers’ compensation. We can also gather evidence to show you are a dependent or wholly dependent.
This is a difficult time. However, important deadlines apply when seeking death benefits. Protect your family by getting the benefits you deserve. Call Lunsford Baskin & Priebe today to speak with a New Orleans workers’ compensation death benefits lawyer.