Death Benefits and Workers' Compensation


Workers' compensation is well-known for providing medical care and lost wages for the worker injured as a result of their injury on the job, but this insurance program also provides benefits for the families of deceased workers. If your family member died as a result of an on-the-job injury or illness and you meet certain qualifications, you may be eligible to receive lifetime benefits. Read on to find out if you could qualify for monetary benefits.

Which Family Members Are Eligible for Benefits?

While the rules can vary by state, in general family members who are financially dependent upon the deceased worker will likely qualify for benefits. Some of these relationships might include the following:

  • Spouses (Note that in some states the income of the spouse is considered in the benefit determination.)

  • Children under 18

  • Children from 18–25 enrolled in college.

  • Children over the age of 18 who are mentally and/or physically disabled.

Under What Work-Related Circumstances Would I Qualify?

In general, deaths that occur while doing work for an employer or that can be shown to have been caused by the work itself can qualify a family member for benefits. It is not necessary that the death take place at work for you be eligible. Also, preexisting conditions that were worsened by work to the point of death will also qualify you for death benefits.

What Type of Benefits Am I Eligible to Receive and for How Long?

While the amount varies from state to state, in general you can expect to receive approximately two-thirds of the deceased's salary. Other factors include these: 

  • Burial benefits are available in some states.

  • Any of the deceased's remaining medicals bills will be paid.

  • Some states set a total amount for payout, which must be divided between all eligible dependents.

  • In some states a weekly or monthly benefit is available and in some states there is a lump sum payout.
  • Spouses are usually eligible to receive benefits for their entire lifetime or until they remarry.

  • Children are usually eligible to receive benefits until they are 18 or until they finish college.

  • Children who are disabled will receive benefits until they die.

While workers' compensation will do little to comfort the family of a deceased worker, sooner or later the loss of income will become apparent and will only add to the distress. It should be comforting to know that some monetary help is available if you qualify. Don't delay in seeking compensation; contact a workers' compensation attorney like one from Neifert Byrne & Ozga as soon as possible. Legal help will ensure that important filing deadlines are not missed and will help you get the compensation that you are entitled to receive for your loss. 


30 September 2015

personal injury due to defective products

Defective products are produced and sold to consumers all of the time. Unfortunately, some of these defective products cause consumers injuries when they malfunction. So, what can you do if a defective product causes you or someone that you love some kind of injury? This blog will show you how the legal system works to protect consumers from instances such as this. You will find out about personal injury lawsuits and what it takes to file and proceed with a lawsuit to hold the company that manufactured that defective product responsible for the role that they played in the pain that has been experienced.