Michigan lawyer explains workers’ comp survivors benefits when a family member dies on-the-job.
We have handled all types of workplace accidents throughout the years. It is our goal to make sure clients hurt on-the-job get a fair deal with their employers and insurance companies. Unfortunately, some of these clients are family members of deceased employees. These are some of the hardest cases because no amount of money can ever replace a beloved family member. Michigan law is designed to help ease the burden on families through payment of workers’ comp survivors benefits.
What are workers’ comp survivors benefits?
In Michigan, workers’ comp survivors benefits are paid to eligible dependents when someone dies in a workplace accident. Family members can receive up to 500 weeks of lost wages when an employee dies on-the-job. The amount paid will be based upon the employee’s after-tax average weekly wage, subject to a state-wide maximum. Spouses must prove factual dependency to qualify. Children under the age of 16 are presumed to be dependent.
Michigan workers’ comp survivors benefits are based upon what the deceased employee was earning before his or her death. It is an average of the highest 39 paid weeks during the final 52 weeks of employment. This calculation should include overtime payments, bonus money, and even wages from second jobs. Payments continue for a maximum of 500 weeks. There is also a $6,000 burial expense that should be paid. All medical bills should be covered 100% without any copayments or deductibles owed by the family.
Spouses, children, and other family members who qualify for these benefits
In Michigan, workers’ comp survivors benefits can be paid to spouses, children, and other family members. A spouse could be a husband or wife. Children under age 16 are presumed dependent and do not have to be biological. Family members include brothers, sisters, aunts, and uncles if they can show factual dependency.
A spouse must prove factual dependency to get survivors benefits. Spouses can be found either “totally” or “partially” dependent based upon how much money was contributed to them for support. Survivors benefits are not paid to individuals who receive more than half of their support from another source. 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 a reduced amount based upon family contribution.
In Michigan, children who are under the age of 16 who seek workers’ comp survivors benefits are presumed to be wholly dependent and automatically entitled to 500 weeks of lost wages. It is possible to get additional weeks until the child reaches age 21 if he or she is disabled. Children over age 16 will need to prove factual dependency. Multiple children who are found to be dependent must share equally in what is paid.
Need help? Contact our workman’s comp lawyers for a free consultation
If you lost a loved one in a workplace accident, call us now to speak with an experienced attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers and family members who have lost a loved one on the job in Michigan for more than 35 years and can help you better understand Michigan workman’s comp laws and explain what happens if you or a loved one has been hurt on the job. 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.
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) 316-8033 for a free consultation today.