Dependents seeking death benefits after losing a parent or spouse in a fatal workplace accident face two primary qualification issues.
The first issue relates to the workplace death itself. To qualify for death claim benefits, dependents must prove that the death occurred under an allowed condition, such as a result of a workplace accident, or from complications resulting from treatment of the workplace injuries. When an injured worker dies a year or two after the accident, it may be possible to point to complications from medication or undiagnosed damage to vital organs.
The other issue relates to proving your dependence upon the deceased worker's income. You must be able to establish dependency by birth, marriage or, in some instances, an extended family relationship. There have been cases in which an elderly parent has been able to prove financial dependency and has been awarded partial death benefits.
Funeral Benefits
After establishing that you are a bona fide dependent, you will be awarded $5,500 toward funeral expenses.
Maximum Rate
Dependent benefits are not determined by the earnings of the decedent. Dependents of the decedent qualify for a total of the maximum rate of pay for the year of death.
The surviving spouse of the worker will receive full death benefits until he or she dies or remarries. Surviving children will receive a percentage of the maximum rate, until age 18 or 25 if attending college.
Free Consultation · No Attorneys Fees Unless You Get Money · Statewide
OhioBWCAttorneys.com is an association of independent and law firms and lawyers. When you contact our group, you will be connected with an experienced attorney who will provide a free consultation to discuss your workplace death claim and help you understand your options.
In addition to helping you with the workers' compensation claim for death benefits, your OhioBWCAttorneys.com lawyer can file a wrongful death lawsuit against a third party who shares liability for the wrongful death claim.
Our attorneys offer decades of experience and a reputation for excellence. Call us toll-free at 888-748-1868 or contact our network by e-mail to arrange a free consultation about your death benefit claim.
