Losing a loved one due to a work-related injury can be an incredibly challenging situation for surviving family members. You may be wondering about the death benefits available to you and your family during this difficult time.
Workers’ compensation death benefits can provide crucial financial support to dependents of a deceased worker. These benefits can be a lifeline for the family members left behind.
Munley Law understands
At Munley Law, we understand that Lancaster is a thriving city, home to a vital workforce and diverse industries. We know work related accidents can happen at any time and when they do, they can devastate a family. Our experienced attorneys are here to guide you through the process of obtaining workers’ compensation death benefits. We offer a free consultation to discuss your specific situation and determine how many children, dependent parents, or surviving family members are eligible to receive benefits based on the deceased’s average weekly wage and the worker’s average weekly wage.
Contact Munley Law today for a free consultation and let us assist you during this challenging time.
What is workers compensation?
If you or a loved one has been fatally injured on the job, it’s essential to understand your rights and the workers compensation benefits support available to you. You may be entitled to receive death benefits as a surviving spouse and children or other surviving dependent parents or other dependent family members.
Pennsylvania workers’ compensation is a vital safety net designed to protect workers who suffer job-related injuries or illnesses. Whether you work in one of Lancaster’s thriving industries, such as agriculture, manufacturing, healthcare, or any other field, this system is in place to provide financial assistance and medical benefits when you need them most.
Who is eligible to collect Pennsylvania workers compensation death benefits?
Eligibility for Workers’ Compensation Death Benefits in Lancaster, PA
- A surviving spouse is typically eligible to receive workers’ compensation death benefits.
- Workers’ compensation death benefits are available to dependent children of the deceased worker.
- This includes children who are under the age of 18.
- Also, children who are under the age of 23 if they are full-time students.
- Disabled children of any age who were financially dependent on the deceased worker.
- In some cases, dependent parents of the deceased worker may be eligible for workers’ compensation death benefits.
- This eligibility depends on the specific circumstances and financial dependence on the deceased.
Other Family Members:
- Additional family members who were financially dependent on the deceased worker may be eligible for benefits, depending on individual circumstances.
Worker’s Average Weekly Wage:
- The amount of workers’ compensation death benefits is often determined based on the deceased worker’s average weekly wage.
Work-Related Injury or Illness:
- To be eligible for these benefits, the death must be a result of a work-related injury or illness.
It’s essential to consult with a qualified workers’ compensation attorney to fully understand your eligibility and navigate the claims process effectively.
What will workers compensation death benefits pay for?
Workers’ compensation death benefits in Lancaster, PA are designed to provide financial support to the surviving family members of a worker who has tragically lost their life due to a work-related injury, work related accident or occupational illness. These benefits aim to alleviate the financial burden on the family during a difficult period. Here’s a breakdown of what workers’ compensation death benefits will typically cover:
Funeral and Burial Expenses: Workers’ compensation death benefits can help cover the costs associated with funeral and burial services, ensuring that the deceased worker receives a respectful and proper farewell.
- Dependency Benefits: These benefits provide financial support to dependents of the deceased worker. Dependents can include a surviving spouse, children, and, in some cases, dependent parents or other family members financially reliant on the deceased.
- Income Replacement: The surviving family members may receive a portion of the deceased worker’s income as compensation for the financial support that has been lost due to the worker’s passing. The amount is often based on the worker’s average weekly wage.
- Medical Expenses: If the deceased worker incurred medical expenses related to the work-related injury or illness before their passing, workers’ compensation death benefits may cover these outstanding medical bills.
- Educational Support: Dependent children, including full-time students and disabled children, may receive financial support for their education as part of the benefits.
- Continued Health Insurance: In some cases, surviving family members may be entitled to continue receiving health insurance coverage through the worker’s employer-provided plan.
If you have lost a loved one due to a work-related incident in Lancaster, PA, it is advisable to consult with an experienced workers’ compensation attorney at Munley Law.
Time Limits for Collecting Death Benefits in Pennsylvania Workers’ Compensation
In Lancaster, PA, understanding the time limits associated with collecting workers’ compensation death benefits is critical for surviving family members who have lost a loved one due to a work-related injury or illness. Pennsylvania workers’ compensation laws have established specific timeframes and deadlines to ensure that eligible beneficiaries can receive the support they need. Here’s an overview of the key considerations:
Notice of the Death
- To initiate the process of collecting workers’ compensation death benefits, it is vital to report the death of the worker to the employer or the employer’s insurance carrier as soon as possible.
- The notice should include essential details, such as the date, time, and circumstances of the work-related incident that led to the worker’s death.
Filing a Claim Petition
- Surviving family members typically have three years from the date of the worker’s death to file a Claim Petition for workers’ compensation death benefits.
- If the Claim Petition is not filed within this timeframe, the right to collect death benefits may be forfeited.
- Once a Claim Petition is filed, the workers’ compensation system will assess the dependency of the surviving family members and determine eligibility for benefits.
- This determination may consider factors such as the surviving spouse’s remarriage, the financial dependence of children, and other individual circumstances.
Collecting Ongoing Benefits
- If the Claim Petition is approved, eligible beneficiaries will receive periodic payments to provide financial support.
Call Munley Law today
Understanding the time limits for collecting death benefits in Pennsylvania workers’ compensation cases is essential for safeguarding your family’s financial well-being during a challenging period. Munley Law can help you navigate the process effectively and ensure that you don’t miss critical deadlines. Contact us today for your free case evaluation.