Death benefits are available to the dependent spouse and minor children of an employee who has died due to on-the-job injuries.
This workers’ compensation benefit is payable at the rate of two-thirds of the deceased employee’s average weekly wage at the time of the accident, up to a maximum of $550 per week. In addition, the workers compensation insurance carrier is responsible for reimbursing funeral expenses of the deceased worker up to a maximum of $7,500.
In total, a widowed spouse with no children will be paid no more than a $150,000 total in weekly payments. A dependent child of a deceased worker is eligible to receive weekly payments through workers’ compensation until he or she reaches age 18. However, minor children of the deceased worker can continue receive weekly workers’ compensation benefits even beyond the age of 18 if they are enrolled in college.
The mere fact that a worker dies while working does not necessarily mean his claim will be accepted by the workers compensation insurer. For this reason, it is critical that you obtain the services of an experienced workers’ compensation attorney to properly handle the claim. Your attorney can review all medical records to determine if the death was causally linked to the job. Some important factors can include, on the job stress, dangerous working conditions, inhalation of smoke or chemicals, and various other factors.