When it comes to filing a workers’ comp, there is a need to work with an experienced attorney who understands what it takes to represent someone with your case. A family that lost a loved one to a work-related accident is suffering a great deal of pain and anguish, and even more horrendous if the deceased was the wage earner.
When such an inevitable incident strikes, families and dependants are often unprepared for all the charges and expenses that could arise. In this case, there is a need to lessen the burden by making a death claim with workers’ compensation.
Death claim requirements
To be eligible for a death claim, the department of labor states that claims should be filed 30 days after the death of the worker. If there was a disability claim filed, that meets this requirement. Upon the death of the worker, the family of the deceased is notified by the workers’ compensation.
The notification often comes with details of the claim, including the claim number and details that need to be filed. The family member who is filing the requirement is known as the claimant and is expected to provide proof of his or her relationship with the deceased. This includes:
- Marriage paid funeral bill
- Death certificate
- Itemized paid funeral bill
- Addresses and names of next of kin
- Proof of dissolution of marriage
Oftentimes, the spouse or the children are eligible to file for a death claim, including other eligible family members. However, they must file the claim within 60 days to be eligible for the claim.
How much do families get in death claims?
The compensation can be paid either via installment or as a lump sum. However, what determines the ideal amount paid is dependent on the percentage the deceased workers earned before being injured or disabled. Note that there is a limit to how long members can receive benefits, especially if they are being paid in installments.
The spouse may continue receiving death benefits until they remarry or perhaps until their death. Children, on the other hand, may continue receiving benefits until they are 18. If perhaps, the children undergo a post-secondary education or training of any sort, they might be eligible for death benefits till they turn 23.
Working with an experienced workers comp attorney
If this is your first time in the ugly rut, you must work with an experienced attorney who will guide you every step of the way. By avoiding errors and irregularities, getting the compensation that is due to you wouldn’t be a hurdle. Get in touch with one of our incredible attorneys by calling 718-273-9000 or filling out the contact form.