Beneficiaries For Workers Comp Wrongful Death

Family members and dependents of employees who have died due to work-related injuries or illnesses are entitled to workers comp wrongful death benefits. The definition of beneficiaries and benefits under this law vary from state to state. However, dependent family members such as a spouse or children are almost always entitled to benefits. Most states are liberal in their interpretation of the laws in a bid to compensate the family financially for the loss of their loved one. In case there are many beneficiaries, the law will split the amount due to each person.

Dependent Children

All states recognize the right of dependent children to receive compensation in the event of wrongful death of a parent. The benefit amount might vary from a fixed sum for funeral expenses to a percentage of weekly wages until the child becomes an adult. Children do not have to provide proof that they were dependent on the worker in order to claim benefits.

Spouse

A dependent spouse is also entitled to receive compensation as a percentage of weekly wages for their lifetime or until they become financially independent. A legally separated spouse who was not receiving any alimony cannot in normal circumstances claim benefits under wrongful death compensation laws. In case the spouse is partially dependent on the worker, the benefits are altered to reflect this fact, but some benefits do accrue.

Other Household Members

Other members of the household who were being supported by the deceased worker are also entitled to receive compensation. This list can include a co-habiting partner, parents, step children, step parent, in-laws, and so on.

Time Limit

Most states have a clause that limits the time from the injury to the death for a wrongful death claim to be accepted. Moreover, though the death needs to be due to the injury, it need not be the sole cause of the death having occurred.

Filing a Claim

In case you have lost a dear one recently because of a work-related injury or illness, you might be entitled to financial compensation. Though this does not mitigate the emotional pain of losing the near one, it does help stabilize your financial life. Even if the injury was partly due to the deceased’s negligence, you might be entitled to compensation – at least partial compensation. So, do contact a lawyer with all the facts at your disposal and make a claim for the benefits due to you.

Have a Work Injury Case?