Workers Compensation Survivor Death Benefits
SURVIVOR DEATH BENEFITS
The death of an injured worker does not influence the liability of the employer for payment of benefits. If an employee dies as a result of an industrial injury, a company’s liability for momentary or irreversible disability terminates, but the employer remains liable for various other benefits.
The company may be accountable for any unpaid or unsettled benefits due at the time of death. Additionally burial expenses and a death benefit could also be due. If the deceased employee has a totally dependent kid, the employer might be responsible for extra death benefits till “the youngest child attains age 18, or up until the death of a kid physically or psychologically incapacitated”. In order to get death benefits, a claimant has to promptly file a claim for them. The general guidelines governing the compensability of injuries in workers’ compensation claims likewise govern claims for an industrially related death. In addition, a claimant should verify that he or she is a dependent of the deceased employee in order to get death benefits. A dependent must first qualify as either a good-faith member of the worker’s household or household, or a relative by marriage, blood or adoption. Also, dependents must show reliance on the deceased, either with a definitive presumption of overall dependency, or a showing of actual dependency in accordance with the facts as they existed at the time of the injury to the employee.
Death benefits can be a complicated part of the workers compensation law. Additionally a lot of emotional issue are usually encompassing the survivors at the same time making it a difficult issue to deal with. A workers compensation attorney with specific knowledge of and experience with workers compensation death cases is essential to obtaining to appropriate death benefits.