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Receiving Survivor’s Benefits From Workers’ Compensation

Posted on in Workers' Compensation

Receiving Survivor’s Benefits From Workers’ CompensationWorkers who have been seriously injured on the job can take some comfort in the fact that they survived. According to the U.S. Occupational Health and Safety Administration, 5,147 workers in the U.S. died in 2017, which is more than 14 workers a day. When someone dies on the job, it is their family that suffers the most – both emotionally and from the loss of a financial provider. Illinois’ workers’ compensation system allows surviving family members to receive benefits when someone has died due to a work-related incident.

What Can You Receive?

The death benefits paid to survivors is equal to two-thirds of the deceased worker’s gross weekly wages from the 52 weeks before their death and also includes compensation for funeral expenses based on the average rate in the state. The benefits will be paid at the same interval as the worker received their wages, or weekly if that is not feasible. Twice a year, the state adjusts the maximum and minimum weekly benefits that survivors can receive based on the cost of living. Until Jan. 14, 2020, survivors can receive no more than $1,529.84 per week and no less than $573.69 per week. Beneficiaries can also negotiate to receive the payments in a lump sum.

Who Can Receive Benefits?

Workers’ compensation benefits are meant to go to the people who were financially dependent upon the deceased worker:

  • The widow or widower is first in line and will receive benefits for the rest of their life.
  • If the spouse dies, then the dependent children may receive benefits for six years or until the youngest child turns 18, whichever is longer.
  • If a child is a full-time student at an accredited institution, they may receive benefits until they turn 25.
  • If there is not a spouse or children, the worker’s parents may receive the benefits for the rest of their lives if they were fully financially dependent on the worker.
  • If none of the above apply, then benefits may be paid for eight years to partially dependent parents or children who otherwise do not qualify for compensation.
  • If still none of the above apply, then benefits may be paid for five years to grandparents and grandchildren who were at least 50 percent dependent on the worker.

Contact a Crystal Lake, Illinois, Workers Compensation Attorney

If you have lost a loved one to a workplace injury, their missing income is secondary to what they meant to you personally. However, workers’ compensation benefits can help you with the financial struggles you may face. A compassionate McHenry County workers’ compensation lawyer at Botto Gilbert Lancaster, PC, will handle the stressful parts of filing a benefits claim. To schedule a free consultation, call 815-338-3838.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

 

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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