Families who lose a loved one to a work-related injury or accident may qualify for workers’ compensation death benefits, and an experienced Allentown workers’ compensation attorney can help protect their rights throughout the process.
Munley Law has handled workers’ compensation claims and wrongful death cases for nearly 70 years. Our firm and attorneys have won millions in settlements for the families of workers fatally injured on the job, including verdicts worth $3.97 million, $3.9 million, and $2.8 million. Our lawyers are recognized by prestigious legal organizations like the National Board of Trial Advocacy, the American Board of Trial Advocates, and the International Society of Barristers. All belong to the American Association for Justice and the Pennsylvania Bar Association, where Caroline Munley is certified as a workers’ compensation specialist, and J. Christopher Munley is named a Lawyer of the Year for Workers’ Compensation by Best Lawyers.
Our experienced Allentown workers’ compensation lawyers are ready to evaluate your case and fight for death benefits that properly compensate you after the wrongful death of a loved one.
Contact Munley Law today for a free, no-obligation case evaluation and compassionate support.
How Much Compensation Can a Family Receive After a Worker Dies?
The compensation a family can receive following a worker’s death is calculated as a percentage of the deceased worker’s weekly salary. There is a weekly maximum on death benefits set by Pennsylvania law based on the state’s average wage.
In Pennsylvania, roughly 85 employees died in 2021 as a result of work-related accidents. More recently, in 2024, the Pennsylvania Workers Compensation Report recorded 95 fatal claim petitions in the state, as well as 75 work-related fatalities that year, down from 84 deaths in 2023.
In Allentown, most work-related fatalities occur in the construction and transportation industries. In 2024, 19 deaths took place in the construction industry, and 17 in trade and transportation. Public administration carried the third-largest share of fatalities, accounting for 12 of the total reported deaths. When an eligible worker dies, workers’ compensation insurance pays the family for funeral expenses and a percentage of the deceased worker’s salary.
After a workplace injury that results in a deceased worker, workers’ compensation law can give Allentown family members the following:
- $3,000 for a funeral
- Between 22% and 67% of the deceased worker’s weekly salary
“Munley Law is far more than just a law firm. We’re a family of attorneys who truly understand the meaning of family and bring deep compassion to every client we serve.”
J. Christopher Munley
Call us at (844) 686-5397 Who Can Receive Death Benefits?
The percentage of salary paid and the length of time benefits are provided vary based on whether the surviving family member is a spouse, child, parent, or sibling of the deceased worker, and how many children the injured employee has. Typically, a surviving spouse receives 51% of the worker’s average weekly wage until they remarry, plus two years of death benefits after remarriage.
A spouse with one dependent child under 18 living in the house is usually entitled to collect benefits equal to 60% of the deceased worker’s average weekly wage, and approximately 67% if they have two or more children under 18 still living at home.
Children are eligible to receive workers’ compensation death benefits until the age of 18 for a deceased parent due to a workplace injury. There are circumstances in which a dependent child may be entitled to receive benefits beyond 18. For example, if a child is enrolled full-time in a university, college, or trade school, benefits may continue until the child is 23. If a child is dependent on the late employee due to a disability, benefits may continue for as long as the disability exists.
If the late worker does not leave behind a widow or widower or any surviving children, other family members may receive benefits or potentially pursue third-party claims in Allentown through the workers’ compensation system. A partially dependent parent may be eligible to receive up to 32% of the worker’s wages, and fully dependent parents may receive up to 52% of the prior weekly wages. If parents survive the deceased worker, siblings may also receive death benefits if they were partially or completely dependent on the late employee.
To determine if you are eligible to collect death benefits when your family member died as a result of an accident on the job, contact the experienced Allentown workers’ compensation attorneys at Munley Law Personal Injury Attorneys. We can advise you on your rights and how to proceed to obtain the compensation you deserve.
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Can I Receive Death Benefits If My Partner and I Were Not Legally Married?
While spouses are eligible to claim death benefits after the passing of their partners, this eligibility does not apply to surviving partners who are not legally married to the deceased.
This means that casual or cohabiting significant others are unfortunately not able to claim compensation should their loved one die in a work-related incident. This law applies even if the surviving significant other was financially or physically dependent on the deceased before the fatal accident occurred.
Can I Seek Benefits If My Loved One Was Injured at Work But Did Not Die Until Several Months Later?
Yes, even if the work-related injury or illness suffered by your loved one did not cause immediate death, you may be entitled to receive death benefits for the fatal work injury if he or she passed away within 300 weeks of suffering the injury or illness.
What Do I Do If the Workers’ Compensation Death Benefits Are Denied in Allentown, PA?
According to the Pennsylvania Workers’ Compensation Act, death benefits for a fatal work injury should provide compensation to the family. Unfortunately, an employer’s workers’ compensation insurance company can deny the claim for several different reasons, including:
- The incident report contains inaccurate information
- The report was filed more than 120 days after the accident
- The employer’s insurance coverage doesn’t cover the late employee or his injury
- The employer asserts that the fatal injury happened outside of work
- The employer accuses the deceased worker of using alcohol or drugs while at work
What can you do if your death benefits claim was denied? You can appeal. Unfortunately, the appeals process can be time-consuming and frustrating, which is not what you want to deal with while grieving the loss of your loved one. Hiring an Allentown workers’ compensation lawyer who is well-acquainted with Pennsylvania law will start the appeal process on your behalf so you can focus on other important issues.
Do you need to appeal a work comp death benefits denial in Lehigh County? Discuss your options with a qualified workers’ comp lawyer today. Call or contact us online to schedule a FREE initial consultation and speak to an experienced Allentown compensation attorney.
How Do I Know If My Loved One Was Covered Under Workers’ Comp?
The Pennsylvania Workers’ Compensation Act requires most Pennsylvania employers to provide workers’ compensation insurance, regardless of the size of the business. Employees are covered by Pennsylvania’s workers’ compensation system for the entire time they work, beginning on the first day of the job. Full-time, part-time, and most seasonal workers are covered. This includes employees in industries as diverse as healthcare workers, warehouse workers in Allentown, office employees, restaurant workers, and many more.
Because policies ensure families, such as those of healthcare workers in Allentown, receive benefits, all claims proceed through the workers’ compensation system and could be decided by a workers’ comp administrative judge.
While most businesses are required to provide workers’ comp coverage to their employees, some are not required. Some situations where a worker might not be covered include:
- The worker is covered by specific workers’ compensation laws, such as regulations that apply to railroad workers and federal employees.
- Agricultural workers who work less than 30 days in a year for one employer.
- Farm workers who earn less than $1,200 annually from one job.
- Independent contractors who are not employees.
- Volunteer workers
- Workers who provide domestic services such as house cleaning and lawn care.
Why Should I Hire an Allentown Workers’ Compensation Attorney?
In Lehigh County, the death benefits process can be complicated and time-consuming. It is a difficult, frustrating process for people who are unfamiliar with filing workers’ compensation claims, especially when you are dealing with the death of a loved one. A simple mistake could put the entire work injury claim in jeopardy. Worse still, even if you’re already receiving your benefits, the insurance company can decide to stop your payments earlier than allowed.
You need a highly qualified lawyer to help you secure the compensation you deserve for as long as legally possible. Our experienced workers’ compensation lawyers work hard to protect your interests and ensure you are satisfied with the outcome of your workers’ compensation case.
Why Choose Munley Law?
At Munley Law, you don’t just get a lawyer, you get a law firm. Our attorneys work together as a team to give you the insight, experience, and combined efforts of our entire team. Our mission is to help families of fatal workplace accidents, and we don’t charge you a fee unless we recover compensation for your loved one’s death.
Our attorneys have won more than $1 billion in personal injury and wrongful death settlements to date, earning partners Robert Munley III, Caroline Munley, and Marion Munley membership in the Million Dollar Advocates Forum. All our lawyers have been named to the National Trial Lawyers Association’s Top 100 Trial Lawyers in Pennsylvania list, all our partners hold Martindale-Hubbell AV Preeminent Ratings and have been featured in the Lawdragon 500 Leading Plaintiff Consumer Lawyers list, and eight of our attorneys are named Super Lawyers.
Every one of our lawyers has been recognized by Best Lawyers, with J. Christopher Munley as Lawyer of the Year for Workers’ Compensation, and our firm has also been honored by Best Law Firms annually. Our lawyers all belong to the American Association for Justice and to the Pennsylvania Bar Association, through which Caroline Munley is certified as a workers’ compensation specialist by the Section on Workers’ Compensation Law.
Get Expert Legal Assistance for Workers’ Compensation Death Benefit Claims
Our team is ready to handle your death benefits claims with compassion and precision. We have the skill, legal knowledge, and dedication to help you to claim your rightful compensation and restore your quality of life after a loved one’s wrongful passing.
Call Munley Law for a free consultation today or contact us using our online form. We work on a contingency fee basis, which means you only pay us if and when we obtain a workers’ comp settlement for your claim.
J. Christopher Munley
James Christopher Munley is an award-winning plaintiffs’ lawyer who has dedicated his career to fighting for accident victims and their families. As a board-certified civil trial advocate, Chris was named Lawyer of the Year by Best Lawyers for Workers’ Compensation by Best Lawyers, and has been listed on Pennsylvania Super Lawyers since 2013.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on January 23, 2026.
Munley Law Personal Injury Attorneys
609 Hamilton St.
Allentown, PA 18101
(610) 857-7424
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