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Work-related injuries are not limited to physical harm. Unfortunately, there are instances where workers lose their lives due to occupational hazards.
If an employee dies in a similar unfortunate event, surviving family members can receive death benefits through workers' compensation claims.
The purpose of workers' compensation death benefits is to provide financial support to surviving family members who typically relied on the deceased employee for their livelihood.
These benefits can help cover ongoing expenses, such as housing, food, and education for dependent children. The amount of compensation for death at work is not fixed and can vary based on several factors.
This includes the deceased employee's average weekly wage. The percentage and duration of benefits may also differ from one state to another.
Who Can Recover Workers Compensation Death Benefits in Ohio?
Workers' compensation death benefits cannot replace the loss of a loved one. Still, they can provide financial stability during a difficult time and help surviving family members rebuild their lives after a tragic work-related loss.
Surviving Spouse
The surviving spouse of a deceased worker is typically the primary beneficiary of workers' compensation death benefits.
In Ohio, the surviving spouse is entitled to these benefits unless they have remarried or were legally separated from the departed worker at the time of his or her death.
Adult and Minor Children
On the other hand, adult and minor children of the ex-worker are also eligible to receive workers' comp death benefits.
This includes biological children, adopted children, and stepchildren who were financially dependent on the deceased employee.
Dependent Parents
Also, dependent parents of the deceased employee may be eligible to recover workers' compensation death benefits. This point stands if they depended on the worker at the time of their death.
Workers' compensation death benefits can provide crucial support for parents who used to rely on their child's income.
Estate of the Deceased Worker
In certain situations, if there are no surviving family members who are eligible for benefits, the estate of the departed worker may receive workers' compensation benefits.
This can include cases where the deceased employee had no spouse, dependent children, or partially dependent parents.
It's important to note that eligibility for a death benefits claim in Ohio is subject to specific regulations and criteria. The application process may vary based on unique circumstances.
Common Costs Covered by Workers Comp Death Benefits
Wrongful death cases can leave surviving dependents with many financial burdens. Eligible dependents can secure compensation for the work-related death through a legal lawsuit. A qualified workers comp law firm in Columbus Ohio can help victims recover benefits for the following costs:
Funeral Expenses
Families of deceased workers can secure financial help to cover burial costs. Ohio law allows victims to secure up to $5,500 to offset the expenses associated with the funeral and burial.
Lost Wages
According to workers' compensation laws, death benefits can replace a part of the deceased worker's lost wages. This amount can contribute to the family's temporary income. The death benefit can financially stabilize surviving family members and partial dependents.
Medical Costs
In cases where the departed worker incurred medical expenses related to the work-related injury before their passing, death benefits can cover these costs.
Emotional Pain and Suffering
While death benefits mainly focus on addressing financial costs, they can indirectly provide support for the victim's emotional pain and suffering.
By relieving financial stress, death benefits can assist families in coping with the emotional challenges that arise from the loss of a loved one.
Qualified Attorneys Can Help Survivors Secure Compensation in a Wrongful Death Case
Losing a loved one in a wrongful death case is an emotionally and physically challenging experience. Although nothing can change the unfortunate circumstances, monetary support can provide financial relief to the survivors. A qualified lawyer can help families secure compensation in wrongful death lawsuits.
Legal Expertise
Reputable attorneys have a deep understanding of the legal complexities surrounding wrongful death cases.
They are well-versed in the relevant laws, regulations, and procedures, ensuring surviving family members have a knowledgeable advocate.
Case Assessment
Lawyers can conduct a thorough assessment of the case to determine its merits and the potential for securing compensation. They evaluate the evidence, liability, and damages to build a strong case for the survivors.
Knowledgeable attorneys can also negotiate with insurance companies and responsible parties. They can help victims seek fair reimbursement and a favorable outcome.
Evidence Collection
Attorneys have the resources to gather evidence that supports the worker's death claim. This can include witness statements, expert testimony, and documents.
On top of that, a qualified lawyer can help victims understand the statute of limitations regarding the lawsuit.
Survivors in Ohio used to have two years from the date of the loved one's death to file a claim. However, the updated timeframe in 2023 is only one year.
Thorough Assessment
Lawyers can assess the full extent of damages. This includes funeral expenses, medical costs, burial expenses, lost income, etc.
Dealing with a wrongful death case is emotionally taxing. A reputable attorney provides not only legal support but also emotional assistance to family members during this challenging period.
Trial Representation
In cases where negotiations do not lead to a fair settlement, lawyers are prepared to represent the surviving family members in court. They present the case effectively and advocate for their client's rights.
By entrusting their case to a skilled attorney, survivors can focus on healing and moving forward. At the same time, a dedicated advocate can work to achieve justice and financial stability in the wrongful death case.
Final Words
No amount of compensation can fully replace the loss of a loved one. Still, death benefits aim to relieve families through such events. They can provide financial support to survivors, offsetting towering medical costs and funeral expenses.
Understanding the eligibility criteria and the application process for these benefits is crucial during this challenging time. Larrimer & Larrimer can also assist in getting workers compensation benefits for back pain.
Legal professionals experienced in personal injury lawsuits can help survivors recover the total compensation amount they are entitled to. This support can provide much-needed stability and help them move forward with their lives after a work-related loss.