If you have lost a loved one in an accident on the job, then you might qualify for death benefits through their workers’ compensation coverage. This is a difficult time for anyone, and we know how hard it can be to find the best way forward. When it comes to the legal end of things, you can contact The Law Offices of Larry H. Parker at 562-222-0146 for a free legal consultation.
Understanding Who is Eligible for Death Benefits
Death benefits are designed to help compensate close family members for the loss of financial support they lost when they lost their loved one. Death benefits are generally reserved for those who were related to the victim by blood or marriage. This can include:
- Other close relatives
However, to be eligible, you must have lived with and depended on the victim for your living expenses. You might be eligible for partial benefits if you were partially dependent on your loved one.
What the law means by “dependent” can be complex. In almost all cases, a child of the deceased who is under the age of 18 will qualify as a dependent. Older children with certain mental and/or physical disabilities that prevent them from working can be eligible too. In some states, a child of up to 25 years old can qualify if they were enrolled in a qualifying education program at the time of the death of their loved one.
Spouses can be eligible no matter their own incomes, but in some states, they only qualify if they earn under a certain threshold of money per year. In other states, they have to prove that they were financially dependent on the victim, regardless of the amount of their income.
For any other family member, eligibility is determined by the circumstances and evidence of the specific case in which they are attempting to receive benefits.
Qualifying Injuries or Illnesses
For you to be eligible to receive death benefits, your loved one must have been injured or become ill due to a work-related issue. Note that this does not require that the victim died on the job or at their place of work, for example, in a workplace accident. An injured worker can die days, months, or even years after their exposure to certain chemicals, or certain types of working conditions.
If you are not sure if your case qualifies you for death benefits, then we recommend you contact The Law Offices of Larry H. Parker at 562-222-0146 for a free legal consultation. We can go over your case, determine your eligibility, and whether or not the death qualifies. We can then provide our best legal advice on how you can proceed.