Workers' compensation death benefits are intended to financially help family members of workers who died on the job. The people who can receive death benefits related to a deceased worker are usually children, spouses and dependent family members.
In most cases, the only people who can get death benefits must be related to the deceased worker by marriage or blood, and they must have been financially dependent on the worker for their living expenses. Spouses are automatically presumed to be qualifying dependents who can receive death benefits. Children under the age of 18 are also automatically considered in most cases, as are adult and minor children with mental or physical disabilities.
As for children who are between the ages of 18 and 25, if they're enrolled in school, they might be able to receive death benefits too. As for other categories of blood relations, these may be decided based on the unique relationship between these individuals and the deceased. Such individuals may be required to prove their dependency with supporting documentation and facts if they wish to receive death benefits.
For a workers' compensation death benefits award to be granted, the worker needs to have died in a job-related event, or as a result of a job-related illness. At Law Office of Jack L. Stillman PA, we have represented many family members of deceased workers in successfully obtaining death benefits. In some cases, the process of applying for and receiving death benefits is relatively simple and straightforward. In other cases, it's necessary to litigate the matter in court in order to prove the eligibility of a dependent.