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Who Is Eligible For Workers’ Compensation Death Benefits?

By Kenton Koszdin on July 10, 2018 | In Construction Accidents

Who Is Eligible For Workers’ Compensation Death Benefits?

Death benefits are payments made to a spouse, children or other dependents of an employee who dies from a work-related injury or illness.

A deceased worker’s total dependents and partial dependents are eligible to receive workers’ compensation death benefits. A total dependent is defined as an individual who completely relied on the worker for financial support, while a partial dependent only partly relied on them for financial support.

These members of a deceased worker’s family are automatically considered total dependents:

  • children under the age of 18
  • children of any age who are physically or mentally incapacitated and unable to earn a living
  • a spouse who earned $30,000 or less in the 12 months before the worker’s death.

There are also other persons who may qualify as dependents based on their specific circumstances. An individual must have been a:

  • a member of the worker’s household; and/or
  • related to the worker by blood, marriage, or adoption; AND
  • must have relied on the worker for financial support, either in full or in part.

These individuals may include elderly or disabled parents, elderly or disabled siblings, or other similar relatives or household members who were dependent upon the deceased worker for financial support.

Eligible dependents of a deceased worker must commence proceedings for the collection of death benefits:

  • one year from the worker’s death where such death occurs within one year of the date of injury;
  • one year from the date any benefits were last furnished; or
  • one year from death where death occurs more than one year.

An action to recover death benefits may not be commenced more than 240 weeks from the date of injury (DOI).

The assistance of an experienced disability attorney may help navigate the typically long and complicated process of applying for disability benefits. The Kenton Koszdin Law Office may assist anyone to apply for Social Security disability benefits. We help the residents of the San Fernando Valley obtain Social Security disability and workers’ compensation benefits! We offer free office and in-home consultations at your complete convenience. Call 800-438-7734 or visit us online. Se habla espańol!

 

 

 

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