Losing a loved one due to a workplace accident is a devastating experience, and the emotional toll can be overwhelming. In such challenging times, it is essential to understand the financial support available through workers’ compensation death benefits. These benefits are meant to support family members who depended on a worker who died due to a work-related injury or illness.
Who can claim death benefits?
If a worker dies on the job, the benefits usually go to the spouse, children, or other family members who depended on them. The eligibility for these benefits is determined by the nature of the dependency on the deceased worker at the time of their passing. Spouses and children are often the primary dependents, but others may qualify if they can demonstrate financial reliance on the deceased.
What do death benefits cover?
Death benefits aim to alleviate the financial burdens that follow the loss of a loved one. These benefits generally cover reasonable burial expenses, which can be up to $10,000 for injuries occurring after January 1, 2013. They also provide money to help replace the income lost because of the worker’s death. The amount depends on how many dependents there are and how much they depended on the worker, with payments often based on temporary disability rates.
Duration and amount of benefits
The length and amount of death benefits can differ. For example, if there are one or more children who depend on the worker, benefits continue until the youngest child turns 18, or indefinitely for disabled children. The law sets limits on how much money is given, and the number of dependents affects the amount. For injuries after January 1, 2013, a single dependent might receive up to $250,000, with more given if there are more dependents.
Time limits for claiming benefits
It is important to act quickly when claiming death benefits. Generally, claims must start within one year of the worker’s death if the death happens within a year of the injury. If the death happens later, you can claim within one year from the last benefit given or the date of death, but no later than 240 weeks from the injury date.
While money cannot replace the loss of a loved one, workers’ compensation death benefits can provide relief and security for surviving spouses and family members. If you are in this situation, it is important to learn about your options. Remember, you do not have to go through this process alone; seeking legal advice can help ensure you receive the benefits you deserve.