2 March 2016
 Categories: Law, Blog

Many people know that workers who are injured on the job can receive workers' compensation to replace a portion of their lost wages and pay for their medical expenses. When the worst happens, however, you should know that workers' comp is there to give financial compensation to the family of a deceased worker. To learn more about who is qualified to receive death benefits and what you can expect, read on.

Who Qualifies For Benefits?

The rules about qualifying family members vary somewhat from state to state to state, but in general, benefits are available for people who were financially dependent on the worker. For example, the following people and relationships may qualify:

• Spouse. It should be noted that the income of the surviving spouse can be a factor in the determination of the benefit amount.
• Children under the age of 18 and children over the age of 18 but less than 25 if enrolled in college.
• Children of any age who are disabled.

How Do Family Members Qualify?

The qualifications for death benefits mirror those for injured workers: the death must have occurred at work, at a work-related event or as a result of the work itself. Note that it is not necessary for the death to have actually occurred while at work. Additionally, preexisting medical conditions that were made worse by working conditions and which ultimately led to the worker's death do qualify.

What Can Family Members Qualify to Receive and for How Long?

In general, most states provide death benefits payments that are similar to workers' comp injury benefits: approximately two-thirds of the former salary of the deceased. Additionally, family members may also be eligible for:

1. Burial benefits.

2. Remaining medical bills.

The total benefit amount must be divided among all eligible dependents in some states and most all states set limits on the total amount paid out.

It's also important to keep in mind that the time limit on benefits may change:

• The benefits may be paid in a one-time lump sum or broken up into weekly or monthly payments.
• The length of time that benefits are paid depend on their status and age:
• Spouses may be able to receive death benefits for their entire life or until remarriage.
• Children may receive benefits up to age 18 or until they complete college.
• Disabled children may receive benefits for their lifetime.

The benefits that the surviving family members receive do very little to comfort them against the loss of their beloved father, mother, husband or wife, but financial difficulties that may result from the loss of income can only make a dreadful situation worse. Contact a workers' compensation attorney or firm such as Kolker Law Offices for more information about death benefits.