Beyond Regular Workers' Compensation: Death Benefits
When workers are injured on the job, workers' comp provides that worker with several valuable benefits. When the worst happens and that worker actually passes away as a result of a workplace injury, there are also valuable benefits available to the worker's loved ones. Read on to learn more about what types of benefits are available and who is eligible to receive them.
What Benefits are Available?
Keeping in mind that every state has slightly different rules pertaining to death benefits, in most cases the eligible members of the deceased worker's family qualify to receive the same salary portion that hurt workers do. In most cases, that is a certain percentage of the worker's salary, such as 66.6%. That amount may be paid either in a lump sum that equals the remainder of the worker's time on the job or in regular payments.
Additionally, the family can expect to have the remainder of the medical bills relating to the work-related injury or illness paid and they may also be entitled to burial benefits.
What Family Members Receive Benefits?
In general, you must show that you have been financially dependent on the deceased worker to qualify for workers' comp death benefits. In most cases that category includes the spouse of the worker, but this entry comes with caveat: the spouse's salary may be taken into consideration. If the workers' comp carrier deems that the spouse makes enough money to be independent financially, they may be denied benefits. The spouse may receive benefits until they remarry or die. Others who may qualify for benefits include:
- Children 18 and under and from ages 18-25 if enrolled in secondary education. Benefits will cease upon graduation of college.
- Children of all ages if disabled, and these benefits extend their entire lives.
What Else to Know
1. The qualifications for getting death benefits are somewhat similar to those of regular workers' comp: the workers must have suffered the death while at work, as a result of the work or from a work-related activity. For example, if the worker passed away as a result of an auto accident while on a business trip, it would be covered. Most people may not realize this, but preexisting conditions made worse by work also qualifies for coverage of workers' comp.
2. There are limits on how much may be paid. In some cases, the total amount of money paid is equally divided among all eligible family members. Almost every state has a top limit on the total amount that may be paid for one claim.
Money is a poor substitute for the loss of a loved one, but financial issues may only make matters worse. If you are having trouble getting death benefits from workers' comp, speak to professionals like Bishop Dorfman Kroupa & Bishop PC for more help.
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