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Death Benefits in Workers' Compensation
by Stephen G. Workers Compensation Attorney Van Nuys, CANo doubt each day accidents happen in the workplace. Some jobs are such that are intrinsically more dangerous than others. The chances of accidents are high and common in jobs occupations like mining, construction work, and refining, etc. Sometimes a workplace accident ends in tragedy when a committed worker loses his/her life while working, or at the workplace.
The death benefits of such workers are paid by the workers’ compensation to the immediate family members of the worker. Generally, the benefits provided to them are similar to the ones that are provided to workers who experience non-fatal injuries as well as illnesses. When somebody loses a family member due to workplace injury or disease through it, he/she is entitled to receive the death benefits through the workers’ compensation system of that state. One can hire a well-known work accident lawyer to help get the benefits that are included in most policies of workers’ compensation.
Calculation of death benefits in workers’ compensation:-
Death benefits in workers’ compensation are calculated usually on the basis of the amount earned by the deceased employee before his/her death. Most workers’ compensation policies also pay for the funeral of the deceased employee and provide financial support to his/her family. The insurance policies of workers’ compensation cover medical bills if a worker/employee is injured or sickened while working/on the job. When as a result of the injury or illness, the employee dies, the policy also pays for the related expenses by counting them under the death benefits. Typically, the death benefits in workers’ compensation are equal to two-thirds (66.7%) of the wages of the deceased employee. It also includes weekly income benefits that are equal to two-thirds of the average weekly wage of a deceased employee at the time of the accident. At such time a statutory maximum, as well as minimum compensation rate, is applied. In such instances, usually, the cost of living allowance is permitted. Instead of paying the weekly benefits, some employees or insurance companies even choose to pay the survivors a one-time lump sum.
Who can claim the death benefits?
The primary beneficiaries of the workers’ compensation death benefits are the children under the age of 18, a dependent adult child or parent, and the spouse of the deceased worker. The surviving family members usually have one (1) year for filing the death benefits claim under the workers' compensation system. However, this limit also varies from state to state. The benefits of death are paid to the surviving spouse of the deceased worker until he/she remarries. In most cases, they are paid over a period of only 500 weeks. The workers’ compensation policies are required commonly to include the coverage for burial and funeral costs. Some states only need coverage up to a certain amount. In some states, the worker’s compensation carrier also pays for the accident-related medical expenses along with up to $10,000 in burial expenses.
How does a workers’ compensation lawyer help?
An experienced workers’ compensation lawyer can help the family members of the deceased understand their rights. A good lawyer makes sure that all the proper steps will be followed for protecting the claim. At such time the workers’ compensation lawyer helps the survivors meet with claims service specialist, address the appeal if required, fill out the application for the compensation and/or death benefits of the accrued, and identify as well as locate the additional testimony or paperwork required for the claim.
A work accident lawyer can help in many ways to protect the rights of the dependents after the death of their loved one due to a job-related injury or illness. It is better to choose a lawyer with years of experience in representing family members who have lost their loved one to a workplace accident.
The death benefits of such workers are paid by the workers’ compensation to the immediate family members of the worker. Generally, the benefits provided to them are similar to the ones that are provided to workers who experience non-fatal injuries as well as illnesses. When somebody loses a family member due to workplace injury or disease through it, he/she is entitled to receive the death benefits through the workers’ compensation system of that state. One can hire a well-known work accident lawyer to help get the benefits that are included in most policies of workers’ compensation.
Calculation of death benefits in workers’ compensation:-
Death benefits in workers’ compensation are calculated usually on the basis of the amount earned by the deceased employee before his/her death. Most workers’ compensation policies also pay for the funeral of the deceased employee and provide financial support to his/her family. The insurance policies of workers’ compensation cover medical bills if a worker/employee is injured or sickened while working/on the job. When as a result of the injury or illness, the employee dies, the policy also pays for the related expenses by counting them under the death benefits. Typically, the death benefits in workers’ compensation are equal to two-thirds (66.7%) of the wages of the deceased employee. It also includes weekly income benefits that are equal to two-thirds of the average weekly wage of a deceased employee at the time of the accident. At such time a statutory maximum, as well as minimum compensation rate, is applied. In such instances, usually, the cost of living allowance is permitted. Instead of paying the weekly benefits, some employees or insurance companies even choose to pay the survivors a one-time lump sum.
Who can claim the death benefits?
The primary beneficiaries of the workers’ compensation death benefits are the children under the age of 18, a dependent adult child or parent, and the spouse of the deceased worker. The surviving family members usually have one (1) year for filing the death benefits claim under the workers' compensation system. However, this limit also varies from state to state. The benefits of death are paid to the surviving spouse of the deceased worker until he/she remarries. In most cases, they are paid over a period of only 500 weeks. The workers’ compensation policies are required commonly to include the coverage for burial and funeral costs. Some states only need coverage up to a certain amount. In some states, the worker’s compensation carrier also pays for the accident-related medical expenses along with up to $10,000 in burial expenses.
How does a workers’ compensation lawyer help?
An experienced workers’ compensation lawyer can help the family members of the deceased understand their rights. A good lawyer makes sure that all the proper steps will be followed for protecting the claim. At such time the workers’ compensation lawyer helps the survivors meet with claims service specialist, address the appeal if required, fill out the application for the compensation and/or death benefits of the accrued, and identify as well as locate the additional testimony or paperwork required for the claim.
A work accident lawyer can help in many ways to protect the rights of the dependents after the death of their loved one due to a job-related injury or illness. It is better to choose a lawyer with years of experience in representing family members who have lost their loved one to a workplace accident.
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About Stephen G. 
Workers Compensation Attorney Van Nuys, CA
6 connections, 0 recommendations, 31 honor points.Joined APSense since, April 29th, 2019, From Van Nuys, United States.
Created on Mar 23rd 2021 02:06. Viewed 298 times.
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