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Workers Compensation Lawyer St. Louis, Missouri - Death Benefits

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 workers 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 extensive 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 extensive work comp experience. Learn more about Death Benefits.

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Roskin and Hoffman


10900 Manchester Rd, STE 213
St. Louis, MO 63122
Office:(314) 821-9013
Facsimile:(314) 821-4580
Toll Free: (800) 338-6686

Representing Workers Compensation
Clients throughout the State of
Missouri, including, but not limtied
to, the following Counties:
St. Louis, Missouri Workers Compensation Lawyer / Attorney

Contact Us     Site Map     Privacy Policy    Disclaimer    Reviews ------------------------------------------------------Copyright 2011 Roskin & Hoffmann, LLC

Disclaimer: The choice of a lawyer is an important decision and should not be based solely upon advertisements. Every case is different and must be judged on its own merits. Past case results afford no guarantee of future results. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. The Roskin & Hoffmann, LLC handles workers compensation, personal injury, work injury, work comp and workman compensation cases throughout Missouri. We represents injured clients in St. Louis, Kansas City, Springfield, Jefferson City, Columbia, St. Louis County MO and Saint Charles.

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