The unexpected loss of a family member in a workplace accident creates both emotional and financial hardship. Pennsylvania workers’ compensation law provides death benefits to support families who have lost a loved one to a work-related accident in Scranton. The experienced Scranton workers’ compensation attorneys at Munley Law help grieving families navigate the complex process of securing these essential benefits. Call today for a free consultation about your death benefits claim.
Understanding Death Benefits Under Pennsylvania Workers’ Compensation
When a worker loses their life due to a job-related accident or illness in Scranton, Pennsylvania, workers’ compensation law provides specific death benefits to eligible family members. These benefits include a $3,000 payment for funeral and burial expenses, plus ongoing wage replacement benefits.
Unlike other claims, death benefits have unique eligibility requirements, strict reporting timelines, and specific documentation standards. Understanding these distinctions is essential for families seeking the full benefits they deserve during this difficult time. Contact Munley Law to find out what compensation is owed to you and your family.
Who Qualifies for Death Benefits in Scranton, PA?
Pennsylvania workers’ compensation law strictly defines who may receive death benefits following a workplace fatality. Eligible dependents include:
- The surviving spouse, who may receive benefits until remarriage
- Children under age 18, or up to age 23 if enrolled in an accredited educational institution
- Disabled children of any age who depended on the deceased worker
- Parents who relied on the worker for financial support
- Dependent siblings under age 18 or disabled siblings of any age
- Legal guardians of the worker’s dependent children
The specific relationship to the deceased worker determines the amount and duration of benefits. Spouses typically receive approximately 51% to 67% of the worker’s average weekly wage, depending on the number of dependent children in the household. Pennsylvania’s maximum weekly benefit amount is $1,025, regardless of how much the worker earned.
Unique Aspects of Death Benefit Claims in Scranton Workers’ Compensation Cases
Death benefit claims involve several distinct elements that differentiate them from standard workers’ compensation cases. Following a workplace fatality in Scranton, employers must report the death to multiple agencies within specific timeframes. The U.S. Occupational Safety and Health Administration (OSHA) must be notified within 8 hours, while the Pennsylvania Bureau of Workers’ Compensation requires notification within 48 hours. The exact reporting requirements apply for deaths occurring within 30 days of a workplace accident. These reporting timelines create unique documentation that becomes vital in death benefit claims.
For families to receive death benefits, they must establish that the fatality was directly related to the worker’s employment. Insurance companies often challenge this connection, particularly in cases involving deaths occurring away from the workplace, fatalities with pre-existing health conditions, or deaths that occur some time after the initial workplace injury.
Pennsylvania law imposes specific time limitations on death benefit claims as well. Benefits are only available if death occurs within 300 weeks of the work-related injury, and families have three years from the date of death to file a claim. Different timelines apply when death results from an occupational disease rather than a traumatic workplace accident.
Common Reasons Death Benefit Claims Are Denied
Insurance companies routinely deny legitimate death benefit claims based on various technical grounds. They may claim the death was not work-related or assert that the death occurred after the 300-week statutory period had expired. Other common tactics include alleging that the worker was under the influence of drugs or alcohol at the time of the accident or claiming the death resulted from self-inflicted injury.
Insurance carriers also frequently dispute the dependent status of family members, particularly in cases involving stepchildren or partially dependent relatives. They may also challenge the calculation of the worker’s average weekly wage to reduce the overall benefit amount. These technical denials often require specialized legal intervention to overcome.
Understanding the Distinction Between Death Benefits and Third-Party Claims
While workers’ compensation death benefits provide important support, they typically prevent families from suing the employer directly. However, in many workplace fatalities in Scranton, third parties may share responsibility for the death. Equipment manufacturers whose defective products contributed to the accident, contractors or subcontractors on job sites, property owners who maintained unsafe premises, or drivers in work-related vehicle accidents may all bear liability separate from the employer.
In these situations, families may pursue both workers’ compensation death benefits and separate third-party wrongful death claims simultaneously. This dual approach often requires specialized legal knowledge to navigate effectively, as the interaction between these two types of claims involves complex legal considerations.
How Munley Law Helps Families Secure Death Benefits in Scranton
Securing death benefits requires navigating complex legal requirements during an already challenging time. The Scranton workers’ compensation attorneys at Munley Law provide compassionate representation for grieving families by managing all communication with employers and insurance companies while ensuring proper documentation of the work-related nature of the death. Our attorneys identify and verify all eligible dependents, calculate the correct benefit amounts based on Pennsylvania law, and challenge improper benefit denials or reductions.
Our team also identifies potential third-party claims when applicable, creating additional avenues for compensation beyond the workers’ compensation system. We treat these matters sensitively to your family’s emotional needs while aggressively pursuing the full benefits you deserve. We work on a contingency fee basis, meaning you pay nothing unless we secure benefits for your family.
For compassionate assistance with your workers’ compensation death benefits claim in Scranton, contact us today for a free consultation with our experienced workers’ compensation attorneys.
