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Workers' compensation death benefits may be available to family


It is an unfortunate reality that workplace accidents may not only result in serious injuries but could result in death as well. Workers' compensation claims made could be based on an injury or illness a worker has suffered, but they could also be made by surviving family members who lost a loved one in a workplace accident or illness.

Filing a workers' compensation claim for death benefits may seem overwhelming during such a difficult time. Families can suffer emotional and financial stress following the unexpected loss of a loved one in a workplace accident or workplace illness. Workers' compensation death benefits are available to surviving family members to help alleviate the financial stress they may suffer following the death of their family member in a work-related incident.

Surviving family members may receive compensation in certain circumstances. Dependents may be able to recover compensation even if the workplace injury or illness was not the singular cause of the death but aggravated or accelerated a pre-existing condition.

Additionally, family members must keep in mind that a claim for death benefits must be filed six years from the initial injury or onset of the occupational illness or within two years of a final determination of disability. The family is required to file a claim for death benefits by whichever time period is later.

Family members who are wholly dependent on the worker are priority recipients of benefits. Typically, a surviving spouse and dependent children are considered wholly dependent to receive priority for benefits. In the absence of family members wholly dependent on the worker, partial dependents, such as immediate family members, may be eligible to receive benefits.

The loss of a loved one in a workplace accident or due to a workplace illness can create significant emotional and financial strain for surviving family members, which h is why death benefits through workers' compensation may be available to aid and assist them during a difficult time. If you have lost a family member in a work-related accident, it is important to seek out legal advice from a professional. For more information, see our death claims web page.

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