Older people dying on the job at higher rate

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You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and we pride ourselves on providing you with care, trust, and responsiveness.

What do employees aged 55 and older need to know about Michigan workers’ comp benefits?

The Detroit News has published a fascinating article showing higher fatality rates for older people in the workforce. Statistics from 2015 show about 35 percent of fatal workplace accidents involved a worker 55 and older. It is estimated that older workers will account for 25 percent of the entire workforce by 2024 as baby boomers reject the traditional retirement age of 65.

Death cases are some of the toughest that we see. No amount of money can every replace a family member or loved one. Older workers are the most vulnerable because Michigan law does not provide much of a remedy. Spouses have an impossible burden of proof and children aged 18 or older are rarely considered dependent.

Michigan law provide for survivors benefits if an employee dies in a work accident. The amount paid is 500 weeks of wage loss benefits at the pre-determined comp rate. This is calculated based upon average weekly wage and discontinued fringe benefits. Only qualified dependents will receive benefits. If there are no qualified dependents, a burial expense of $6,000.00 is the only payment.

A spouse, either husband or wife, must show factual dependency to receive any wage loss benefits. He or she can be found partially or totally dependent. If only partially dependent, the comp rate will be reduced. This is based upon a complicated formula that examines how much of the decedent’s income went to the claimed dependent spouse. If it is determined that a spouse received less than half of his or her support from the decedent, dependency is not established and no wage loss benefits are paid.

Providing dependency for a child over age 16 is complicated and requires proof that a deceased parent was providing support. Benefits can be stopped at age 18 or extended to age 21 under specific circumstances. Disabled children can make a claim for continuing benefits after age 21.

We recommend contacting an experienced workers’ comp lawyer if a dispute arises. Do not count on the insurance company to do the right thing.

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 (844) 201-9497 for a free consultation today.

Related information:

MIOSHA Annual Fatality Information

Photo courtesy of Creative Commons, by emrank.

Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

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Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.