Can You Get Worker’s Comp After a Loved One Passes Away?

Worker

Every year, at least 150 people die during their employment in America. You might already know about workers’ rights regarding workplace injuries and workers’ comp benefits. However, if you are the surviving dependent of the deceased person, you may be confused about what to do. 

If you are questioning whether you have any rights, the answer is yes. The surviving family members of the deceased worker can get the workers’ comp benefits, but they have to fulfill the eligibility. Reach out to a workers’ compensation attorney to discuss your case. 

Was your loved one hurt on the job?

Workers’ compensation benefits are available for people who get injured during their job or develop an occupational disease over time. For example, if your loved one worked at a chemical factory and was exposed to toxic substances due to which they developed cancer, they may be eligible for the benefits. 

However, workers’ comp does not benefit the people who cause the injury themselves. For example, if your loved one was injured because of a fight they started on their own, or because they did not use protective equipment responsibly, they won’t get the benefits. 

Can the surviving family members of the deceased get the benefits?

If your family member has died due to a workplace injury, you may be wondering whether you can benefit from their workers’ comp insurance. If the person’s medical records show that the cause of death was related to something that happened at the workplace, you can receive the benefits. However, not every family member can claim these benefits. 

To be eligible, you must have been financially dependent on the deceased worker. If you can earn for yourself, you won’t get the benefits. The following people could file a claim if they were totally or partially dependent on the worker. 

  • Widow or widower
  • Parents
  • Next of kin
  • Children 
  • Grandparents or grandchildren

If the child is disabled and is a full-time student over the age of 18, they may receive benefits for longer. 

How much compensation can you expect?

Since every case is different, it can be difficult to pinpoint the amount you will receive exactly. However, an attorney can analyze your case and help you arrive at an estimation. Here are the types of damages you can receive: 

  • Cash payment: A one-time payment made to the deceased’s family. 
  • Funeral and burial expenses: The deceased family will be reimbursed for the funeral and burial expenses. The law states that the amount should not exceed 200% of the average monthly wage in the state. 
  • Survivor benefits: These benefits are given to the person who was financially dependent on the deceased. The amount is usually 60 percent of the date-of-injury wages of the victim.