Sadly, some workers compensation claims have to be carried out by someone associated with the injured party.
The vast majority of workers’ compensation claims are made by an employee. They sustain some injury at work, report it to their employer, and receive workers comp. Sadly, some claims have to be carried out by someone associated with the injured party. The reason is that the injury caused death to the employee. In these situations, nothing can entirely heal a grieving family. Still, obtaining compensation can help make their lives a bit easier in the aftermath of a death. Below, you’ll find what you need to know about obtaining workers’ compensation for the death of a loved one.
Who is Eligible to Collect?
The people who are allowed to collect benefits are the dependents of the employee who passed away. Generally, this means their spouse and children. Conditions in which somebody loses their right to benefits is a spouse remarrying or a child becoming too old. That age is usually somewhere between 18 and 22, depending on whether or not they are a student or in the armed forces. If there is no spouse or children, anybody who can prove dependence is likely eligible for benefits. The best way to confirm that you are eligible to collect is by consulting with an experienced work injury lawyer.
Death at the Workplace
In some cases, an employee dies while on the job. This is often due to some sort of severe accident, such as falling from a high scaffolding. In this case, proving that the death was a result of work duties is typically easy. The employer will have a record of what happened, and you can use it in your case.
Death Due to Work Injury
In other cases, an employee dies outside of work, but workplace conditions played a role in what happened. In these conditions, you will have a harder time proving that the workplace was at fault. Still, it can be quite easy to do so, given enough evidence. One area where this can become complicated is when work contributed to a cause of death, but was not the only culprit. An example would be a lifelong smoker who worked in a coal mine getting lung cancer.
The bulk of your benefits will often come in weekly payments. The sum will be split up between dependents until they are no longer eligible.
Losing a family member is one of the most traumatic things that can happen to you. In that sadness, you might feel paralyzed, but there is one thing you should do as soon as possible. Though emotional healing will take years, you can secure your finances through a workers’ compensation claim. You can bring some order to this chaotic situation by obtaining the benefits you need.