Workers Compensation Death Benefits
Missouri Workers Compensation Lawyer
Roskin & Hoffmann, LLC
Missouri Workers Compensation Death Benefits are available to those who have lost a family member to a workplace accident.
If you have had a spouse or loved one die will working on the job, the employer has 30 days to report the incident to the Division of Workers Compensation. The Division will then notify the dependents about their rights under the MO Workers Compensation Law.
The survivors in the case, typically the spouse or the surviving dependent children, are entitled to weekly benefits from the employer/insurer. This is in an amount of 66 2/3% of the deceased employee's average weekly wage subject to a statutory maximum. Funeral expenses must also be paid by the employer/insurer up to $5,000.00.
If the employee who is already receiving total disability payments dies from an unrelated cause, the survivors can be entitled to ongoing weekly checks. In Schoemehl v. Treasurer of State, the Supreme Court ruled that, in certain circumstances survivors could continue to receive weekly checks after the employees death. However, the Legislation quickly passed a bill that stated benefits are to be terminated after the death of the employee.
Who receives the workers comp death benefits?
A surviving spouse is entitled to weekly work comp checks as well as dependent children until the age of 18. There are circumstances where a dependent child receives benefits after 18, but it must be shown that the child is still in school. The maximum age for a child in school to receive benefits is 22. If the child is shown to be physically or mentally incapacitated from wage earning, the weekly benefit may continue for life or until that child is no longer incapacitated. If there are more than one dependent, as in the case of a child and a spouse, the weekly benefit is shared. If one of the dependents becomes ineligible for the workers compensation benefits, the total amount paid is not reduced, it is just redistributed.
What must be done to receive workers compensation death benefits?
In most cases it is a good idea to consult with a workmans compensation attorney to be certain that you are getting everything that you are entitled to. However, generally speaking, all of the steps mentioned on this website must be properly done in order to be sure that you will receive all of the benefits you deserve.
Extra Workers Compensation
In cases where someone dies in the line of duty, specifically a fireman, police officer, ambulance personnel, an additional $25,000.00 workers compensation death benefit shall be awarded to the estate of the individual killed in the line of duty. In order to obtain this payment, a claim for compensation must be filed within 1 year of the date of death.
Contact an Experienced Workers Compensation Lawyer
The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been injured at work or have a questions regarding death benefits, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Compensation question. We look forward to helping you. All communications are returned promptly.
Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Learn more about Death Benefits.