Michigan attorney explains survivor benefits under workers compensation when a family member dies in a work accident.
This blog post is dedicated to those families who have lost a family member in the course of employment. Very little compares to the pain and stress of losing a loved one. This is especially true when the family member was the primary source of income.
Cash benefits are available under workers compensation for survivors
There must be at least one dependent to qualify for survivor benefits. A dependent is generally entitled to 500 weeks of compensation at the applicable workers compensation rate. If multiple dependents exist, they must share in the 500 weeks of compensation.
Who is a dependent under workers compensation
The question of dependency can be extremely complicated under the law. It is best to speak with an experienced workers compensation attorney who can help you with your specific situation.
A spouse must prove that he or she was dependent on the deceased worker to get compensation. A spouse could be found to be wholly or partially dependent. This determination can be very complicated as several factors must be considered. Some factors include whether the spouse is receiving income from another source and how much the deceased worker actually contributed to the surviving spouse. If the spouse is found to be partially dependent, he or she will receive 500 weeks of compensation but at a reduced rate.
Children under the age of 16 at the time of death are wholly dependent and entitled to 500 weeks of compensation. A child over the age of 16 may have to prove factual dependence. Children over the age of 16 may be considered wholly dependent and entitled to 500 weeks of compensation if they are physically or mentally incapacitated from earning and living with the parent at the time of death. After 500 weeks of compensation, a child may be entitled to continuing benefits until age 21 under certain circumstances.
What happens if there are no dependents
If there are no dependents, the only workers compensation benefit is $6,000.00 for a burial allowance. However, the estate of a deceased worker may have a claim for workers compensation benefits that should have been paid before death.
Get help from someone who cares and knows the law
If workers compensation benefits have been denied, you do not have to fight alone! Be cautious of insurance companies because when they make an error it is usually not in your favor.
To speak with one of our workers compensation attorneys, call (855) 221-2667 for a free consultation. There is no fee unless workers compensation benefits are recovered for you.
We will fight to make sure that your legal rights are protected and that you are receiving the correct workers compensation rate.
– Alex Berman is the founder of the law firm. Hes been representing injured and disabled workers exclusively for more than 30 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to evaluate a case.