Losing a loved one is always difficult, but when your loved one dies while performing their regular job duties, it can be even more devastating. When the workplace death is the fault of someone else or preventable in some way, you may be frustrated, angry and seeking answers. It is during this time that turning to our fatal workplace accident attorneys may provide you with some answers.
In Pennsylvania, a dependent of the employee who dies in a workplace accident is eligible to receive worker’s compensation benefits. In most cases, a spouse is immediately able to file for up to 51 percent of the employee’s pre-death wages.
If you are the spouse of the person who died and have a minor child, you may be eligible for 60 percent of the pre-death wages, while multiple children would entitle you to 66-2/3 percent. Children enrolled in college may collect benefits until they are 23 years old.
You and your spouse must have been married at the time of the injury and you must have been living together. As a surviving spouse, you should be able to collect workers’ compensation benefits until you remarry, although there have been challenges to that legislation. If you are the child of the deceased employee, you may receive benefits until you are 18 if you do not attend college or 23 if you do attend college. If you are over that age, you may not qualify for benefits for your parent’s workplace death.
As fatal accident workplace attorneys, we know that during this time of grief, you may not be thinking about worker’s compensation or the benefits you may be eligible for after the death of a loved one. However, workers’ comp is designed to provide income to those who have lost wages due to injury or death.
If your household depended on the salary of the deceased person, you may find it difficult to manage your finances with just your income.
Despite the fact that you may be grieving, you need to think of the future of you and your children now that you have lost a portion of your income after a workplace death. Our fatal workplace accident attorneys can relieve you of the burden of working with insurance companies and employers by doing it for you. We will work to get the compensation you not only deserve, but are entitled to under the law.
Hiring an attorney does not necessarily mean you will file a lawsuit against the company where your loved one died. In fact, you may not be able to do so under the law in Pennsylvania. Instead, you can rely on our firm to deal with the insurance company and employer so you can focus on managing your grief.
If you have lost a loved one due to injuries sustained in a workplace accident, contact our fatal workplace accident attorneys to learn what rights you may have. Arrange for your initial consultation by calling 1-800-Lundy Law or complete the easy online form. We will fight for your rights as you focus on the needs of your family during this difficult time.