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Workers' Comp Death Benefits for Survivors
If an employee is killed at work or later dies from the aftermath of a workplace accident, family members may be entitled to workers' compensation death benefits to help replace the deceased worker's income.
But employers may contest whether the death is really connected to a workplace accident, injury or illness.
That's where Martin LLC comes in. Our renowned attorneys have decades of experience in workers' compensation law, including death benefit cases:
- Ensuring that scheduled benefits are correctly calculated
- Negotiating a lump sum settlement
- Representing beneficiaries in contested hearings and appeals
Death and Dependency Claims
Eligible beneficiaries of death benefits are relatives of the deceased worker: a spouse, minor children, a dependent adult child or parent.
The employee must have died of a job injury or occupational illness within 300 weeks of the date of the accident or the date of the last exposure to a health hazard on the job.
Death benefits include (a) up to $3,000 for funeral expenses and (b) weekly payments based on a percentage of what the deceased would have received for total disability. The widow or widower can collect benefits until remarriage (or their own death). Each child also receives death benefits until age 18, or until age 23 if enrolled full time at an accredited school.
Causally Related Deaths
When a worker is killed instantly or dies shortly after, there is often little to dispute. Death benefits are paid even if the employee's own actions contributed to the death.
Our lawyers are often called in to prove a causal connection when a death occurs months — or years — after the original work injury. For example, if a workplace injury requires surgery, and the person later dies from an infection or blood clot, the employers' insurer will likely contest the death claim. We have a network of qualified experts who can review the records and reports to testify that the death was work-related.
If you lost your loved one, contact us today for a free consultation about your worker's comp benefits. We represent families across the Philadelphia metro area and southeast Pennsylvania, with several office locations.