My Family Member/Friend Died from a Work Injury—Would they be able to Bring a Wrongful Death Claim for Workers’ Compensation Dependency Benefits?

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It is always a tragic situation when someone dies from a work-related injury. However, you should be rest assured that dependency benefits are available to the family.

Dependency benefits are based upon weekly wage and daily wage which is determined by the hours normally worked in that employment.

Benefits are paid to the spouse, children, or dependents. Allocation amongst the various individuals depend on the type and number of dependents.

The minimum amount of dependency benefits that must be paid is $60,000. When there are no persons entitled to monetary benefits, the estate of the injured worker is to be paid $60,000.

In addition to dependency benefits, there are also burial and funeral expenses which can also be recovered.

In situations of a wrongful death or dependency claim, it is a good idea to sit down with a lawyer to discuss your options. In most situations, an insurance company will pay benefits. However, the question typically arises on the allocation of those benefits amongst the various dependents including spouse, children, stepchildren, etc.

We offer free consultations for dependents and family members to discuss their legal options. If you wish to discuss a potential case, please feel free to contact our office. We are experienced workers’ compensation lawyers in the areas of wrongful death/dependency benefits.