Thousands of workers pass away in workplace accidents, including motor vehicle collisions, falls, and construction accidents. When a workplace injury leads to an accident victim’s premature death, the deceased individual’s surviving loved ones are often grief-stricken. In addition, they may be faced with funeral expenses and high medical bills left from their loved one’s medical treatment. In these instances, the surviving family members may be entitled to make a claim for death benefits through the state workers’ compensation system.
In most cases, it is the worker’s spouse and children who are under 18 years of age who are the primary beneficiaries of death benefits in a state workers’ compensation claim. However, if there are no surviving primary beneficiaries, the deceased individual’s parents might be entitled to recover these death benefits in certain situations.
Death benefits in a workers’ compensation claim can include the costs of the decedent’s funeral and burial. In addition, the beneficiary may be able to recover a percentage of the deceased individual’s weekly wages in order to compensate him or her for wages that were lost as a result of the fatal workplace accident. In addition, beneficiaries may be able to recover a portion of the deceased individual’s average weekly wages before the fatal accident occurred.
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Speak with an Experienced Illinois and Missouri Workers’ Compensation Lawyer Today
The knowledgeable and compassionate legal team at Walton Telken Injury Attorneys can help you pursue death benefits if your loved one was killed in a fatal workplace accident. For a free case evaluation and legal consultation with a knowledgeable Illinois and Missouri workers’ compensation attorney, please give us a call at 844-243-5047 or contact us online for more information about how we can help.
Workers’ Compensation FAQ
What is the First Step in the Process?
The first step in the process is to file a claim with the state Workers’ Compensation Commission for benefits.
What if the Decedent’s Employer Contests?
If contesting issues are raised as to death benefits, the issues will be decided by a commissioner at a hearing before the Workers’ Compensation Commission.
Who Decides Whether I’m Eligible for Death Benefits in a Workers’ Compensation Case?
If there is a dispute, the commissioner handling the hearing will decide what, if any, benefits the claimant is entitled to recover, as well as the amounts of those benefits.
