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Workers’ Compensation Death Benefits

Our Firm Fights for Working Families

Employees are injured in work-related accidents every year in Illinois, and sadly, sometimes those injuries are fatal. Under state workers’ compensation laws, family members are eligible to receive benefits following the loss of their loved one. At Schweickert Ganassin Krzak Rundio, LLP, our experienced workers’ compensation attorneys can help families get these benefits so they can maintain some financial stability during a very difficult time.

There is a specific order under state law that determines which family members receive benefits:

  • The primary beneficiaries are a surviving spouse and minor children.
  • If the worker had no surviving spouse or children, the worker’s parents may be able to receive benefits if they were economic dependents.
  • If there are no parents, family members who were at least 50 percent dependent on the worker may be able to collect benefits.

Survivors’ benefits for family members provide a portion of the income the worker had been earning-up to two-thirds of the average weekly wage in the year preceding the loss. The medical expenses of the workers may be covered, and there are also burial benefits available to help cover funeral costs.

The length of time survivors can collect benefits depends on different factors. If a surviving spouse remarries, and there are still children under the age of 18, benefits can continue. But if there are no children under the age of 18, the surviving spouse can receive a one-time payment of two years’ worth of compensation, and benefits will end.

An Experienced Attorney Can Help Your Family

As with other types of workers’ compensation claims, applying for death benefits may be complicated. An employer may challenge whether or not the fatal accident was work-related. Or, an employer will claim the worker was an independent contractor, and not eligible for benefits. Family members have to prove that they were financially dependent on the worker.

That’s why it’s important to have an experienced attorney on your side who is familiar with the workers’ compensation laws in Illinois. We can help you prove your claim for benefits, and represent you in all appeals and hearings. And we will also pursue other available options for compensation, such as a third-party lawsuit.

Learn more about how we can help your family get the benefits you deserve after the loss of your loved one. Get in touch with us today for your free consultation.

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