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Survivors’ benefits for children who lost a parent in a workplace accident and the complicated rules of dependency in Michigan.

We have devoted this week of blog postings to survivors’ benefits. Today we are going to discuss children and the complicated rules of dependency in Michigan.

If a parent dies in the course of his or her employment, the exclusive remedy against the employer is workers’ compensation. This means a family cannot sue for pain and suffering. But children can seek up to 500 weeks of wage loss benefits.

Wage loss benefits are calculated based upon the deceased parent’s average weekly wage. The amount paid should equal 80% of the after-tax value of what the parent was earning while alive.  Children must share with other qualifying dependents.

Children under the age of 16 and living with the parent at the time of death are presumed to be wholly dependent and entitled to 500 weeks. Additional benefits may be requested until the child reaches the age of 21 if special need is shown.

Children over the age of 16 may also be considered wholly dependent and entitled to 500 weeks of benefits if they are physically or mentally incapacitated and living with the parent at the time of death.

Children over the age of 16 at the time of death must show factual dependency to qualify for wage loss benefits. This requires proof of how much support the deceased parent provided to the child.

Adoption of the child and remarriage of the surviving parent may play a role in dependency. Illegitimate and unborn children can also make claims as dependents.

Rules of dependency can be very complicated and it is best to speak with an experienced workers’ compensation lawyer about your own situation. Insurance companies routinely dispute benefits without fully understanding Michigan law.

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.

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I’m sorry for your loss. Take $6,000 and go away.

Photo courtesy of Creative Commons, by Rusty Clark ~ 100K Photos.

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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.