Michigan lawyer explains survivor’s benefits after a workplace death occurs.
According to state law, children, spouses, and family members are entitled to survivor’s benefits if a loved one is killed on-the-job. The amount paid is based upon what the deceased employee was earning before his or her death. It is the average of the highest 39 paid weeks during the last 52 weeks of employment. The minimum death benefit is equal to 50% of the state average weekly wage in the year of injury. Payments continue for a maximum of 500 weeks and can be extended under certain circumstances. Here is what every loved one needs to know about claiming workplace death benefits in Michigan.
For spouses
A spouse, either husband or wife, must prove factual dependency to receive survivor’s benefits. They can be found “totally” or “partially” dependent based upon how much money was contributed for support. Spouses who are found to be totally dependent will receive 500 weeks of wage loss benefits. Spouses who are found to be only partially dependent will receive 500 weeks but at a reduced amount based upon contribution.
Watch out for insurance companies who manipulate dependency to reduce what should be paid. If it is found that a spouse received less than half of his or her support from the deceased employees, wage loss benefits can be disputed. Rules for spouses are complicated, and it is a good idea to speak with a lawyer to protect legal rights.
Michigan workplace death laws for children
Children under the age of 16 are presumed to be wholly dependent and automatically entitled to 500 weeks of lost wages. It is possible to seek additional wage loss benefits until the child reaches 21 under specific circumstances.
Children over 16 will need to show factual dependency based upon support given by the deceased employee while he or she was alive. Adult children can seek survivors’ benefits if incapacitated and dependent.
Adopted children are treated the same as biological children. Illegitimate children may also be entitled to survivors’ benefits. Stepchildren must show factual dependency to qualify. Even children who are in the womb can be entitled to compensation.
If a widow remarries or the child is adopted, this could change the needs of the child and how much workplace death benefits are paid under workers’ comp. Multiple children who are totally dependent must share equally in what is paid.
Other relatives
In Michigan, workers’ comp benefits for a workplace death are limited to a “member of the family.” This includes lineal descendants, ancestors, brothers or sisters. Family members who are only partially dependent share in proportion to their relative dependency. A person who receives less than half of his or her support from a deceased employee is not considered dependent.
Lost a loved one to a death in the workplace in Michigan? Call all our attorneys now for a free consultation!
If you lost a loved in a workplace accident in Michigan and have questions about your legal rights to workers’ comp death benefits, call now at (855) 221-2667 or fill out our contact form for a free consultation with an experienced attorney. There is absolutely no cost or obligation. We’re here for you.
For more than 40 years, our lawyers have been helping people like you who have suffered from on-the-job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.
To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Remember, every work injury claim and settlement is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.
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 40 years. Call (855) 221-2667 for a free consultation today.
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