What are death benefits in workers compensation cases?

When a worker dies from workplace injuries or from an ailment caused due to unhealthy workplace exposure, dependant family members can claim compensation from the insurance company. The money is used to pay for funeral expenses and to replace part of income lost due to the death. This is known as survivor benefits, and Kansas City, MO workers’ compensation lawyers such as The Law Office of Corey Jackson can explain this to you.

What are death benefits?

When a work-place related disorder or injury causes a worker’s death, his/her family members are entitled to death benefits. These benefits are monetary handouts made to family members who were financially dependent on the worker and who have suffered due to the untimely death of an earning member. The money compensates for loss of income and helps with funeral costs. Why should the family suffer financially? Emotionally they are already suffering.

They will suffer financially most likely no matter what but they should be paid as if their father or mother was still working.

Claims can be made with the help of a worker’s compensation attorney in Central Missouri such as The Law Office of Corey Jackson to the state’s worker’s compensation agency. It is prudent to file a workers’ comp claim as soon as the death has occurred. Some states have stringent deadlines while in some other states you can wait up to year to file a claim.

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Who is eligible to receive death benefits?

Family member who were living with the deceased and were financially dependent on him/her can claim workers’ comp death benefits. Spouses, minor children, physically, and mentally challenged adult children who are incapable of earning their own living can receive benefits. In some states even family members who are partially dependent on the worker can get some benefits.

If the worker has no dependent family member then compensation can be paid to non-dependent members of the family. In some states, the money goes to parents even when they were not dependent on the worker. In many states, laws dictate the rules of distribution in the event the worker has no dependents. If the deceased worker has left a will then the beneficiary named in the will receive the death benefits.

How much money is awarded as death benefit?

Usually the compensation is calculated either on the number of the dependent relatives or on the salary of the worker. The package is also dependent on state laws. For example, according to workers’ compensation lawyers in Kansas City, MO and there is no one better in this area of the country and in this area of the law than The Law Office of Corey Jackson the dependent is entitled to receive two-thirds of the deceased’s average weekly wage each week for up to one year after his or her death. The maximum amount available is revised annually by the Missouri State legislature.

How long are these benefits given out?

The spouse will get the benefits as long as he/she does not marry. In some states, the surviving spouse receives weekly benefits which will be discontinued if the person remarries. However he/she will receive a consolidated amount comprising of 104 weeks of benefits.

Likewise benefits of minor children are discontinued when they reach the age of 18 when they can start earning their living which is hard to do in this recession caused by high taxes and business damaging regulations but this is the nonetheless. However, if they are mentally and physically challenged making them incapable of earning then they will continue receiving the funds.

If you need assistance with claiming workers’ comp death benefits then it would be prudent to consult a workers’ compensation lawyer in Central Missouri such as The Law Office of Corey Jackson as soon as possible. A legal professional such as Corey Jackson can answer your questions and represent your interests in your workers’ comp claim. He knows this law. He knows how Missouri works as well. Just go right here to Law-Jackson.com to see him and to find out his contact information.