What death benefits are available to family members in Michigan?

MIOSHA reports unprecedented number of workplace fatalities during the last week of July 2016 and death benefits under workers’ compensation.

Sad news from MIOSHA in its latest eNews publication. An unprecedented number of five workplace deaths, all of which could have been prevented, occurred during the last week of July 2016. Preliminary details show safety rules were not followed. MIOSHA continues to urge extreme care and safety diligence in all workplace activities.

We are truly saddened by this news and can only image what each family is going through. All life is precious and there is simply no excuse for disregarding safety. Unfortunately, employers cannot be sued for negligence and the exclusive remedy is workers’ compensation.

Families can seek up to $6,000 for burial expenses. Wage loss benefits must also be paid to qualifying dependents for 500 weeks. The amount should equal 80% of the after-tax average weekly wage.

Husbands & Wives

Spouses are required to prove factual dependency to get wage loss benefits and will be disqualified if more than ½ of his or her support came from another source. Two income families are especially vulnerable to this harsh rule. A spouse can also be found to be partially dependent. This will result in payment for 500 weeks but at a lower weekly comp rate.

Children

Kids under the age of 16 at the time of death are presumed to be dependent and entitled to 500 weeks of wage loss benefits. After the expiration of this period, children may be entitled to continuing benefits until age 21. Showing dependency for a child over age 16 can be complicated and requires proof that a deceased parent was actually providing support.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (855) 221-2667 for a free consultation today.

Related information:

MIOSHA – Annual Fatality Information

Photo courtesy of Creative Commons, by spcbrass.

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