When your loved one is lost due to an accident at work, you have the right to collect damages. Part of the compensation you can receive is workers' compensation. Before filing for benefits, it is important to know whether or not you are eligible and what you could possibly receive.
Who Is Eligible?
Workers' compensation benefits are usually only available to the surviving spouse, children, and any immediate family members who relied on the deceased to financially care for them. Some states place additional restrictions or limitations on who can receive benefits. For instance, a surviving spouse might not be able to collect workers' compensation for a deceased spouse if he or she has income that exceeds a certain amount. Another possible limitation is placed on the age of the children applying for benefits. Children over 25 years of age might not be eligible to apply for benefits.
The injury that led to your loved one's death does not necessarily have to occurred in the workplace. If your loved one suffered an illness or injury that was job-related and died in another location, you can apply for benefits. For instance, if your loved one was severely burned on the job and died months later due to infection, you could possibly still receive benefits.
What Benefits Are Available?
The amount of benefits that you can receive is based on the deceased's usual earnings. Each state uses a formula to determine the exact amount. The payments are usually paid on a weekly basis for a set period of time. Depending on the state in which you live, you could possibly receive one lump sum payment for your benefits. If so, there is a chance that you and your attorney could negotiate with the insurance company to get a higher settlement amount.
The amount of time that you can receive benefits varies by state. Some states allow benefits until the surviving spouse or recipient of the benefits dies. Others have a time limitation or other restrictions, such as when the spouse remarries.
In addition to financial compensation, workers' compensation can also provide funds to help pay the burial costs for your loved one. Your loved one's medical bills are also covered. You and your attorney might have to submit documentation to prove that the treatments that your loved one received were medically necessary.
Since obtaining workers' compensation benefits for a deceased loved one can be tricky, talk to an attorney. A workers compensation attorney can explain what your state's laws entitle you to and help you file the necessary documents to claim the benefits.
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