Representing Families When A Fatal Work Accident Claims A Loved One
Each year, thousands of workers die in work-related accidents, such as construction accidents, auto accidents, and falls. When a workplace accident results in a death, the deceased workers’ family is not only left to grieve the loss of their loved one, but they may also be facing medical bills, funeral expenses, and a loss of the deceased worker’s wages. Accordingly, when someone dies in a work-related accident, the deceased employee’s family is entitled to death benefits under the state’s workers’ compensation laws.
The process of obtaining death benefits can be complicated and overwhelming, but a workers’ compensation attorney can guide you through the process and help you obtain maximum compensation for the work fatalities. For more than 30 years, the workers’ compensation lawyers at Taradash Johnson Janezic have been helping the families of those injured or killed in a work accident obtain maximum compensation, including workers’ compensation death benefits and personal injury damages that may be recoverable in a third-party lawsuit.
If you have lost a loved one in a work accident, do not delay. Contact the Chicago fatal work accident lawyers at Taradash Johnson Janezic at 815-669-4635 to learn more about obtaining workers’ compensation death benefits.
Who Can Obtain Workers’ Compensation Death Benefits?
The primary beneficiaries of Illinois workers’ compensation death benefits are the deceased worker’s spouse and children under the age of 18, but if no primary beneficiaries exist, death benefits may be paid to totally dependent parents. If the deceased worker had no totally dependent parents, the death benefits may be paid to persons who were at least 50% dependent on the employee at the time of death, such as step-children, partially dependent parents or partially dependent siblings.
Type And Amount Of Workers’ Compensation Death Benefits
Beneficiaries of workers’ compensation death benefits typically receive benefits to cover funeral and burial expenses capped at certain levels. In Illinois, beneficiaries of death benefits are entitled to $8,000 for work fatalities. Additionally, beneficiaries are entitled to a monetary amount – which is typically a percentage of weekly wages – to compensate the beneficiary for the wages lost as a result of the work fatality. Under Illinois workers’ compensation laws, beneficiaries are entitled to about 66% of the employee’s gross average weekly wage during the 52 weeks before work fatalities. Death benefits – like all workers’ compensation benefits – are subject to certain minimum and maximum limits, however. In Illinois, workers’ compensation death benefits are paid for 25 years or up to $500,000, whichever is greater.
If the beneficiary of the death benefits is the decedent’s spouse, and he or she remarries, the benefits will only continue if there are eligible children at the time of remarriage. If there are no eligible children at the time of remarriage, the spouse is entitled to a final lump sum payment equal to two years of death benefits with all future benefits terminated.
Contact An Illinois Workers’ Compensation Death Benefits Lawyer
Depending on the circumstances that lead to the work fatality, the surviving spouse, children or other family members may be entitled to additional compensation for any negligent third parties. If this is the case, you may want to pursue a wrongful death lawsuit in addition to a claim for workers’ compensation death benefits. The fatal work accident lawyers at Taradash Johnson Janezic are dedicated to helping clients obtain maximum compensation for work fatalities, including workers’ compensation death benefits and personal injury damages in a third-party lawsuit.