13 Oct, 2023
Losing a loved one is always tough, and to make things worse, if your loved one was hurt while on the job, it can be even more devastating. In most cases, surviving dependents of the deceased may be entitled to workers' compensation benefits. However, not all surviving dependents are eligible for the benefits. Several factors come into play when determining the compensation, and it can be challenging for someone without the proper knowledge to navigate their way through the process. This post will provide an answer to some of the frequently asked questions about workers' compensation settlements after a loved one's death. 1. Was Your Loved One Hurt on The Job? The first thing that must be determined is whether your loved one was hurt on the job. You must establish that the injury, illness, or accident occurred during the course of employment. It is essential to keep in mind that the burden of proof rests on the dependents to demonstrate that the injury occurred while working. Your attorney can help you gather the necessary evidence to support your claim. 2. Are You a Surviving Dependent? The second factor that determines whether you're eligible for workers' compensation benefits is your relationship with the deceased. New York workers' compensation law defines who can be considered a dependent. The surviving spouse and children under the age of 18 are usually entitled to the compensation. However, there are some exceptions, and an attorney can help you determine whether you qualify for the benefits. 3. What Compensation Can A Dependent Receive? The surviving dependents may be entitled to workers' compensation benefits, including lost income and death benefits. The amount of compensation varies depending on the circumstances of each case. Death benefits are the weekly amount paid to the surviving spouse or children of a deceased employee, which is usually two-thirds of the employee's average weekly wage. Your attorney can help you determine what type of compensation you're eligible for as well as the amount. 4. How Can An Attorney Help Me? An attorney can provide invaluable experience and knowledge to ensure that you receive the compensation you deserve. They can represent you through the entire process, from filing paperwork to negotiating with insurance companies. Attorneys can also help you identify benefits that you may be eligible for but have overlooked. They can provide you with guidance and support during this challenging time and handle any complications that arise. Losing a loved one is always tough, and when you factor in the complexities of a workers' compensation claim, it can be overwhelming. It's essential to seek the help of an experienced attorney who can help you navigate through the system and ensure that you receive the compensation you're entitled to. By answering these frequently asked questions, we hope that we've provided you with the information you need to understand the process thoroughly. If you've lost a loved one while working, we understand what you're going through and are here to provide you the support you need to get through this challenging time.