WHAT IF I AM KILLED ON THE JOB or WORK CAUSES MY DEATH?
If a worker’s death arises out of and in the course of employment, no benefits are owed to the estate of the worker aside from a $6,000.00 burial allowance. However, that worker’s dependents are entitled to death benefits that are paid for a total of 500 weeks (with some exceptions made for some minor children). Children under 16 residing with the deceased worker at the time of death are conclusively presumed to have been dependent on the worker. All other persons including the deceased worker’s spouse must prove that they were in fact dependent upon the worker.
The benefit rate in death cases is generally 80% of the after tax value of the wages the worker was earning at the time of injury, but the total number of dependents can subject this amount to certain modifications. Unlike other wage loss benefits, there is a statutory minimum that must be paid and the benefits are not to be reduced, or coordinated, because of the receipt of other types of income and benefits.
If you have lost a spouse or parent as a result of a work-related accident, please free to contact us for a consultation regarding your rights.