Do Family Members Earn Benefits If Someone Dies as the Result of a Workplace Injury?
We always want to make sure that our loved ones are taken care of — which is why it’s important to know where your family stands should anything happen to you on the job or as a result of a workplace injury. In the event of death, are your family members covered by workers’ compensation?
Whether or not a worker’s family will receive death benefits and workman’s comp has to do with their financial relationship. If they are wholly dependent on the worker and their earnings, they will share the death benefits equally. For instance, if a worker leaves behind a wife and dependent child, they would be considered wholly dependent. If the deceased worker has no dependents, then a portion of their benefits would go to any partial dependents.
Generally, benefits are paid out every week for a minimum of 500 weeks. For dependent children, they will receive benefits until they turn 18. For the spouse, they will pay benefits until their own death or until they remarry. Workers’ compensation also covers funeral expenses up to $10,000.
In order to receive these benefits, the deceased worker’s next of kin will need to file for workers’ compensation with the Industrial Commission within 30 days of the employee’s death.
If you’ve lost a loved one due to a workplace injury, be sure to reach out to an experienced attorney to help you through the process. Don’t go it alone — contact Oxner + Permar for a free consultation.