Louisiana Revised Statutes & Codes

La. Rev. Stat. § 23:1232 (2026)

Payment to dependents shall be computed and divided equally among them on the following basis:

✓ current as of May 2026

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§1232. Allocation to dependents; schedule of payments

Payment to dependents shall be computed and divided equally among them on the following basis:

(1) If the widow or widower alone, thirty-two and one-half per centum of wages.

(2) If the widow or widower and one child, forty-six and one-quarter per centum of wages.

(3) If the widow or widower and two or more children, sixty-five per centum of wages.

(4) If one child alone, thirty-two and one-half per centum of wages of deceased.

(5) If two children, forty-six and one-quarter per centum of wages.

(6) If three or more children, sixty-five per centum of wages.

(7) If there are neither widow, widower, nor child, then to the father or mother, thirty-two and one-half per centum of wages of the deceased. If there are both father and mother, sixty-five per centum of wages.

(8) If there are neither widow, widower, nor child, nor dependent parent entitled to compensation, then to one brother or sister, thirty-two and one-half per centum of wages with eleven per centum additional for each brother or sister in excess of one. If other dependents than those enumerated, thirty-two and one-half per centum of wages for one, and eleven per centum additional for each such dependent in excess of one, subject to a maximum of sixty-five per centum of wages for all, regardless of the number of dependents.

Acts 2008, No. 703, §1.

Notes of Decisions

Cited in 63 cases, 1952–2018 · leading case: Henderson v. Travelers Ins. Co., 354 So. 2d 1031 (La. 1978).

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Henderson v. Travelers Ins. Co., 354 So. 2d 1031 (La. 1978). · cites it 7× “R.S. 23:1232(1), or a dependent "other" member of his family, La.”

Weber v. Aetna Cas. & Sur. Co., 406 U.S. 164 (1972). · cites it 2× “§ 23:1232 (1967) establishes the schedule of payment of workmen's compensation benefits to various classifications of dependents as follows: "Payment to dependents shall be computed and divided among them on the following basis: "(1) If the widow or widower alone, thirty-two and…”

Humphreys v. Marquette Cas. Co., 103 So. 2d 895 (La. 1958). · cites it 4× “We feel that we can add little to its opinion, except to say that it was never within the contemplation of the legislature to include under the provisions of LSA-R.S. 23:1232, a dependent who had lived in open concubinage with a deceased during his lifetime.”

Henderson v. Travelers Ins. Co., 346 So. 2d 816 (La. Ct. App. 1977). · cites it 9× “00 per week for 400 weeks under LSA-R.S. 23:1232, Section 1 and alternatively under Section 8, subject to a credit for benefits previously paid to her.”

McDermott v. Funel, 247 So. 2d 567 (La. 1971). · cites it 6× “R.S. 23:1232(7). The testimony is undisputed that she raised the child as her own, acknowledging him to be her son throughout his life.”

Johnson v. City of Lake Charles, 883 So. 2d 521 (La. Ct. App. 2004). · cites it 3× “R.S. 23:1232, is a statutorily mandated percentage of "wages.”

Stokes v. Aetna Cas. & Sur. Co., 242 So. 2d 567 (La. 1970). · cites it 4× “Now the established practice of this court is to look toward a determination of the nature and extent of dependency rather than the nature of the legal relationship, so that the illegitimate child is allowed to recover fully in workmen's compensation, with only the limitation…”

Lumbermen's Underwriting All. v. Teague, 521 So. 2d 820 (La. Ct. App. 1988). · cites it 3× “Teague and her children claim workers' compensation benefits for the death of Lester Spencer as "other dependents" under LSA-R.S. 23:1232(8). In order for them to make such a claim they must be "members of the family of the deceased employee .”

Aswell v. Rockwood Ins. Co., 519 So. 2d 394 (La. Ct. App. 1988). · cites it 8× “The amounts to be paid surviving dependents is set forth in LSA-R.S. 23:1232, which provides, in pertinent part: Payment to dependents shall be computed and divided among them on the following basis: (1) If a widow or widower alone, thirty-two and one-half per centum of wages.”

Liberty Mut. Ins. Co. v. Caesar, 345 So. 2d 64 (La. Ct. App. 1977). · cites it 2× “R.S. 23:1232(1). [2] C.C. Art. 88. [3] C.”

Schulin v. Serv. Painting Co. of Louisiana, 479 So. 2d 939 (La. Ct. App. 1985). “R.S. 23:1232. Penalties are assessed against St.”

Antilley v. Sentry Ins. Co., 426 So. 2d 1370 (La. Ct. App. 1983). · cites it 2× “5% - R.S. 23:1232 $ 93.81 Mrs. Antilley is entitled to $93.”

Show all 63 citing cases →

— La. Rev. Stat. § 23:1232(1) — 9 cases

Johnson v. City of Lake Charles, 883 So. 2d 521 (La. Ct. App. 2004). “R.S. 23:1232, is a statutorily mandated percentage of "wages.”

Henderson v. Travelers Ins. Co., 354 So. 2d 1031 (La. 1978). “R.S. 23:1232(1), or a dependent "other" member of his family, La.”

Henderson v. Travelers Ins. Co., 346 So. 2d 816 (La. Ct. App. 1977). “00 per week for 400 weeks under LSA-R.S. 23:1232, Section 1 and alternatively under Section 8, subject to a credit for benefits previously paid to her.”

Liberty Mut. Ins. Co. v. Caesar, 345 So. 2d 64 (La. Ct. App. 1977). “R.S. 23:1232(1). [2] C.C. Art. 88. [3] C.”

Marmino v. City of Crowley, 829 So. 2d 1117 (La. Ct. App. 2002).

— La. Rev. Stat. § 23:1232(1)(7) — 1 case

Henderson v. Travelers Ins. Co., 354 So. 2d 1031 (La. 1978). “R.S. 23:1232(1), or a dependent "other" member of his family, La.”

— La. Rev. Stat. § 23:1232(2) — 1 case

Aswell v. Rockwood Ins. Co., 519 So. 2d 394 (La. Ct. App. 1988). “The amounts to be paid surviving dependents is set forth in LSA-R.S. 23:1232, which provides, in pertinent part: Payment to dependents shall be computed and divided among them on the following basis: (1) If a widow or widower alone, thirty-two and one-half per centum of wages.”

— La. Rev. Stat. § 23:1232(3) — 2 cases

Fortenberry v. CR Bard, Inc., 830 So. 2d 1025 (La. Ct. App. 2002).

Est. of Arceneaux v. Frank's Casing Crew & Rental Tools, Inc., 721 So. 2d 516 (La. Ct. App. 1998).

— La. Rev. Stat. § 23:1232(4) — 3 cases

Henderson v. Travelers Ins. Co., 354 So. 2d 1031 (La. 1978). “R.S. 23:1232(1), or a dependent "other" member of his family, La.”

Am. Interstate Ins. Co. v. Forsythe, 870 So. 2d 498 (La. Ct. App. 2004).

— La. Rev. Stat. § 23:1232(5) — 1 case

Cunningham v. Am. Mut. Ins. Companies, 390 So. 2d 1372 (La. Ct. App. 1980).

— La. Rev. Stat. § 23:1232(6) — 1 case

Stokes v. Aetna Cas. & Sur. Co., 232 So. 2d 328 (La. Ct. App. 1970).

— La. Rev. Stat. § 23:1232(7) — 2 cases

McDermott v. Funel, 247 So. 2d 567 (La. 1971). “R.S. 23:1232(7). The testimony is undisputed that she raised the child as her own, acknowledging him to be her son throughout his life.”

Moore v. Millers Mut. Fire Ins. Co. of Texas, 406 So. 2d 708 (La. Ct. App. 1981).

— La. Rev. Stat. § 23:1232(8) — 13 cases

Henderson v. Travelers Ins. Co., 354 So. 2d 1031 (La. 1978). “R.S. 23:1232(1), or a dependent "other" member of his family, La.”

Lumbermen's Underwriting All. v. Teague, 521 So. 2d 820 (La. Ct. App. 1988). “Teague and her children claim workers' compensation benefits for the death of Lester Spencer as "other dependents" under LSA-R.S. 23:1232(8). In order for them to make such a claim they must be "members of the family of the deceased employee .”

McDermott v. Funel, 247 So. 2d 567 (La. 1971). “R.S. 23:1232(7). The testimony is undisputed that she raised the child as her own, acknowledging him to be her son throughout his life.”

Martin v. Rollins Servs. Inc., 424 So. 2d 429 (La. Ct. App. 1982).

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