The Flint Journal “Ask the Attorney”
Attorneys at MacDonald & MacDonald PLLC
Q. My fiance lost his life in a terrible accident at work. I am pregnant with his child. Is there any help I can get to raise our child?
A, Michigan workers’ compensation law provides that death benefits can be payable to dependents of deceased workers for 500 weeks (or longer, where dependents have not reached age 21). The law provides that to be considered an eligible dependent entitled to benefits, a person must be a member of the family that is a descendant, ancestor, brother or sister. The Michigan Supreme Court decided long ago that unborn children are eligible dependents. Unmarried couples who have lived together dependent upon each other’s support have also been recognized as dependents under the statute. Benefits are payable and divided amongst eligible dependents who were wholly dependent upon the deceased worker. If there are no wholly dependent survivors, benefits are divided amongst partially dependent survivors. Please give our office a call and we can give you advice regarding your own specific situation. Our sympathies to you and your family.