Can I Receive Workers Compensation if My Spouse Died on the Job?
May 28, 2019 | Worker's Compensation
If your spouse died while on the job, you could be entitled to receive worker’s compensation for harm and losses. Generally, obtaining survivor benefits for a spouse’s death requires substantial proof of the victim’s death and a valid death benefits claim. It can be difficult to navigate the process of filing a death benefits claim while grieving the loss of a spouse, but with an experienced lawyer by your side offering support and assisting with your claim, the process is simplified, and the odds of receiving workers compensation benefits for your spouse’s death are significantly increased.
Workers Compensation Death Benefits
In most states, if someone dies while at work, the victim’s spouse and designated descendants are eligible to recover worker’s compensation benefits on behalf of the victim. Death benefits can help alleviate some of the financial stress that accompanies the loss of a spouse and offers support during this terrible time. Worker’s compensation laws vary from state to state, and in some states, there are specific rules for survivor benefits. For example, in the State of Missouri, if an employee dies on the job, their employer must report the accident to the Division of Workers’ Compensation within 30 days. Once the employee’s death is reported, the victim’s descendants can file a death benefits claim.
Generally, a workers compensation death benefits claim is accompanied by the following types of evidence:
- Proof that the victim was on the clock at the time of the accident
- Evidence of surviving descendants financial loss since the victim’s death
- Proof of death, such as an autopsy or death certificate
- Evidence that supports the person’s right to file a claim on behalf of the victim
If you are unsure what your state’s requirements are for receiving workers compensation after a spouse dies at work, a lawyer can assess your case, help you gather evidence, and develop a compelling claim to recover survivor benefits for present and future harm and losses that stem from the victim’s death.
Who is Eligible to Recover Workers Compensation Death Benefits?
If someone passes away unexpectedly, the victim’s descendants are eligible to bring a wrongful death claim to recover compensation and justice for the family’s harm and losses. However, if an employee dies on the job, descendants can file a worker’s compensation claim in place of a wrongful death suit. In most states, if a person is killed on the job, their spouse, children, and parents are eligible to file a claim, but in some states, a person’s grandparents or siblings could be able to recover benefits.
Most of the time, if an employee dies at work, their employer is required to provide the victim’s spouse or immediate family members with the necessary paperwork to recover survivor benefits. If the employer doesn’t provide the victim’s family with paperwork or offer resources for filing a worker’s comp claim on behalf of a spouse, the victim’s descendants can bring a wrongful death suit against the employer for their negligence and sue them for damages. If you are thinking about bringing a wrongful death suit or survivor benefits claim against your deceased spouse’s employer, it’s in your best interest to consult an experienced lawyer before filing. A lawyer can determine the best way to proceed with your case, gather substantial evidence to file a claim, and defend your right to recover compensation on behalf of your deceased spouse.
What Damages Can I Recover if my Spouse Dies on the Job?
Every year, thousands of dollars are awarded in worker’s compensation benefits. According to the Insurance Information Institute, in 2017 $45,047,380 in worker’s compensation benefits were awarded in the U.S.; a near $1,000,000 increase from $36,939,016 in 2008.
Worker’s compensation laws vary for every state, but most allow for the recovery of medical expenses that occurred because of a workplace accident. However, in some states, descendants can obtain compensation for lost wages, funeral and burial costs, and other expenses that stemmed from the victim’s death with the help of an experienced lawyer. A Workers Compensation Lawyer has the resources needed to gather substantial evidence to support your claims, such as a copy of the victim’s timecard and proof of the employer’s liability to pay for workers compensation benefits, and understands the best tactics to use to recover the highest amount of workers compensation for your spouse’s death.
Speak with a Workers Compensation Lawyer Today
If you have lost your spouse in a fatal workplace accident, you deserve compensation for your spouse’s harm and your family’s financial losses. While worker’s compensation benefits don’t cover pain and suffering damages, they can help offset the burden of unexpected funeral and burial expenses, and any present or future financial hardships that occur because of the victim’s sudden death.
If you are ready to file a worker’s compensation claim on behalf of your spouse that died on the job, the Dixon Injury Firm can help. Christopher Dixon and the Workers Compensation Lawyers at the Dixon Injury Firm have recovered more than $35,000,000 in injury settlements for victims and their surviving family members, and are committed to fighting for your case until you are satisfied with the results.
For more information on how the Workers Compensation Lawyers at the Dixon Injury Firm can recover compensation for your spouse’s death that happened on the job, call (314) 409-7060, 855-40-CRASH, or contact the Dixon Injury Firm today to schedule a free consultation.