Workers’ compensation death benefits are a vital protection for employees who are killed on the job in Wilkes-Barre. These benefits provide financial support for the families of workers who are killed in workplace accidents.
The Wilkes-Barre workers’ compensation attorneys at Munley Law understand the devastating impact of workplace fatalities on families. We’ll handle the complex claims process while you focus on grieving and rebuilding your life. Call today for a free consultation with a seasoned workers’ comp lawyer in Wilkes-Barre who will be able to secure the compensation you deserve.
Understanding Death Benefits
The workers’ compensation system recognizes that workplace fatalities create immediate financial hardship for families who depend on the deceased worker’s income. These benefits help bridge that gap during a devastating time.
Death benefits are available to surviving family members when a worker dies from a job-related injury or illness. Spouses and children are the primary beneficiaries, but parents financially dependent on the deceased worker may also qualify. Additionally, siblings under 18 or students under 23 may be eligible for benefits.
Your family’s compensation depends on your relationship to the deceased and their weekly wages at the time of death. A widow or widower with no children receives 51 percent of the deceased’s weekly wages, while those with one child receive 60 percent. Families with two or more children are entitled to 66 and two-thirds percent of the deceased’s weekly wages.
When there is no surviving spouse or children, up to 52 percent of the weekly wages may go to financially dependent parents. In cases where no spouse, children, or parents survive, siblings may receive up to 22 percent of the weekly wages. These percentages ensure those most dependent on the deceased worker receive the greatest support.
The Death Benefits Claims Process
Filing a death benefits claim involves several critical steps that must be completed within specific timeframes. Within 48 hours of the workplace fatality, OSHA must be notified, and the death must be reported to the Pennsylvania Bureau of Workers’ Compensation. This immediate reporting is critical for preserving your family’s rights to benefits.
Following the initial reporting, you’ll need to work with the employer to handle final details such as the last paycheck, termination of health insurance, and pension or life insurance matters. Once these immediate concerns are addressed, the death benefits claim can be filed with the insurance company.
While you have three years to file the claim, earlier filing is strongly recommended, especially if the deceased was the family’s primary income source. The insurance company will review the claim and either approve or deny the request for benefits.
Additional Support for Surviving Families
Beyond death benefits, surviving family members may be eligible for other forms of financial support. Social Security provides survivor benefits to spouses and children, while many employers offer life insurance policies that provide immediate financial assistance. Pension and retirement benefits may also be available to surviving spouses.
When the workplace death resulted from the negligence of someone other than the employer, such as a defective product manufacturer or a reckless driver, additional wrongful death claims may be possible. These third-party claims can compensate for pain and suffering, which is unavailable through workers’ compensation death benefits.
The Challenges Death Benefit Cases May Face
Death benefits claims often encounter more complexity than typical workers’ compensation injury claims. Insurance companies may dispute whether the death was work-related, especially in cases involving heart attacks, strokes, or other medical events that occurred at work. They may also challenge the eligibility of survivors or question the amount of benefits owed.
The investigation process for workplace fatalities is typically more extensive, involving OSHA inspections, medical examiner reports, and detailed analysis of the circumstances surrounding the death. This complexity makes experienced workers’ comp attorneys especially valuable for grieving families who are already dealing with overwhelming emotional stress.
Common Causes of Workplace Deaths in Wilkes-Barre
The region’s industrial base, including construction sites, manufacturing facilities, and transportation operations, creates environments where serious accidents occur. Healthcare workers face unique risks from infectious diseases and workplace violence, while emergency responders encounter dangers inherent to their life-saving work.
Transportation accidents represent one of the leading causes of workplace fatalities, particularly relevant in Wilkes-Barre given the area’s role as a transportation hub. Falls from heights are a significant risk, especially in construction and warehousing operations. Violence in the workplace, contact with dangerous equipment, and exposure to harmful substances also contribute to workplace deaths.
When Death Benefits Claims Are Denied
Insurance companies sometimes deny death benefits claims, leaving grieving families without the financial support they desperately need. Common reasons for denial include disputes over whether the death was work-related, challenges to survivor eligibility, insufficient medical documentation, or claims that filing deadlines were missed.
If your death benefits claim is denied, you have appeal rights that must be exercised within specific timeframes. The appeals process can be complex, involving administrative hearings, medical evidence review, and legal arguments about the circumstances of the death. Having experienced legal representation significantly improves your chances of a successful appeal.
How A Workplace Accident Attorney Can Help Families
At Munley Law, we understand that death benefits claims require legal expertise and compassionate support for grieving families. We handle the investigation of the workplace accident, working with safety experts and medical professionals to establish the work-related nature of the death. Our attorneys coordinate with medical examiners, review workplace safety records, and gather witness statements to build a comprehensive case.
We also help families navigate the complex web of benefits that may be available, including Social Security survivor benefits, employer-provided life insurance, and pension benefits. In cases where a third party’s negligence contributed to the death, we may pursue additional wrongful death claims to maximize compensation for the family.
Contact Our Compassionate Wilkes-Barre Worker Injury Lawyers
Losing a loved one in a workplace accident is devastating, and you shouldn’t have to fight for the benefits your family deserves while you’re grieving. Our experienced death benefits attorneys will handle the legal complexities while you focus on healing and rebuilding your life.
We work on a contingency fee basis, which means you pay nothing unless we secure benefits for your family. This ensures that financial concerns don’t prevent you from getting the legal help you need during this difficult time.
Call Munley Law today for a free consultation about your death benefits claim.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on July 18, 2025.
Munley Law Personal Injury Attorneys
1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406
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