Louisiana Revised Statutes & Codes
La. Rev. Stat. § 23:1210 (2026)
A. In every case of death, the employer shall pay or cause to be paid, in addition to any other benefits allowable under the provisions of this Part, reasonable expenses of the burial of the employee, not to exceed eight thousand five hundred dollars.
✓ current as of May 2026
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§1210. Burial expenses; duty to furnish
A. In every case of death, the employer shall pay or cause to be paid, in addition to any other benefits allowable under the provisions of this Part, reasonable expenses of the burial of the employee, not to exceed eight thousand five hundred dollars.
B. If the reasonable expenses for the burial of an employee are less than seven thousand five hundred dollars, the difference between such reasonable expenses and seven thousand five hundred dollars shall be paid or caused to be paid by the employer to the heirs of the deceased employee and such payment shall be in addition to any other benefits paid by the employer or his insurer on behalf of the deceased employee.
Added by Acts 1956, No. 414, §1. Amended by Acts 1970, No. 157, §1; Acts 1975, No. 583, §8, eff. Sept. 1, 1975; Acts 1980, No. 453, §1; Acts 1995, No. 55, §1; Acts 2001, No. 967, §1; Acts 2012, No. 860, §1, eff. August 1, 2012.
Notes of Decisions
Cited in 24
cases, 1962–2016 · leading case: Jonise v. Bologna Bros., 820 So. 2d 460 (La. 2002).
Jonise v. Bologna Bros., 820 So. 2d 460 (La. 2002). “Jonise further argues that, even if her claim for death benefits is prescribed, her claim for burial expenses, provided pursuant to LSA-R.S. 23:1210, is not. [5] She maintains the one year prescriptive period of LSA-R.”
Jonise v. Bologna Bros., 809 So. 2d 352 (La. Ct. App. 2001). “, agreeing in part and dissenting in part. The record in this matter reflects that Ms.”
Richards v. St. Bernard Par. Gov't, 91 So. 3d 524 (La. Ct. App. 2012). “R.S. 23:1210. DECREE The judgment of the Office of Workers’ Compensation in favor of the St.”
Guidry v. Chevron USA, Inc., 461 So. 2d 625 (La. Ct. App. 1984). “23:1231, burial expenses, under LSA-R.S. 23:1210, and penalties and attorneys fees under LSA-R.”
Est. of Ehrhardt v. Jefferson Par. Fire Dep't, 108 So. 3d 1223 (La. Ct. App. 2013). “See, LSA-R.S. 23:1210. Furthermore, the parties’ receipt and release agreement contains specific language that the $7,500 settlement “solely relat[es] to the claims for funeral/burial | |8expenses.”
Franklin v. Old Colony Ins. Co., 150 So. 2d 892 (La. Ct. App. 1963). “We are satisfied that the failure to pay in the instant case was clearly not arbitrary, capricious or without probable cause.”
Hull v. Liberty Mut. Ins. Co., 236 So. 2d 847 (La. Ct. App. 1970). “R.S. 23:1210. In this respect, the trial judge erred because the plaintiff herein was judicially separated from the decedent and does not appear herein in any representative capacity of decedent's estate.”
Rivers v. MacCo, 391 So. 2d 873 (La. Ct. App. 1980). “00 limitation for funeral expenses provided for in R.S. 23:1210. With respect to the hospital expenses, it is noted that the defendant-employer provided his employees with additional hospital insurance with another insurer and without contribution on the part of said employees.”
Sones v. Mut. of Omaha Ins. Co., 272 So. 2d 739 (La. Ct. App. 1973). “LSA-R.S. 23:1210. For the reasons assigned, the judgment of the district court is reversed and it is ordered, adjudged and decreed that there be judgment herein in favor of plaintiff, Winnie Love Sones, and against defendants, Mutual of Omaha Insurance Company, United Benefit…”
Fortenberry v. CR Bard, Inc., 830 So. 2d 1025 (La. Ct. App. 2002). “R.S. 23:1210 (maximum $5,000.00) and the death benefits in La.”
Marmino v. City of Crowley, 829 So. 2d 1117 (La. Ct. App. 2002). “R.S. 23:1210. The claimant's request for penalties and attorney's fees was denied, however, as the workers' compensation *1120 judge found the matter to be reasonably controverted.”
Weber v. McLean Trucking Co., 265 So. 2d 628 (La. Ct. App. 1972). “83 but the allowance therefor will be limited to the statutory extent as provided for in LSA-R.S. 23:1210. For the above and foregoing reasons the judgment of the District Court is reversed and set aside, and it is now Ordered, Adjudged and Decreed that there be judgment herein…”
— La. Rev. Stat. § 23:1210(F) — 2 cases
Lopez v. Isle of Capri Casino, 127 So. 3d 55 (La. Ct. App. 2013).
Tellis v. Ash Timber Co., 190 So. 3d 821 (La. Ct. App. 2016).
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