Nothing could properly compensate you for the loss of a loved one. To ease the burden, workers’ compensation can cover work-related deaths in certain cases, though. If you’re unsure if you’re eligible for workers’ compensation benefits for survivors, contact Calhoon & Kaminsky P.C. for a free consultation.
What Is Workers’ Comp Death Benefit?
After a fatal work injury, workers’ comp death benefits may be paid to the victim’s dependents in Pennsylvania. Like all workers’ comp cases, you must first prove that the victim’s death was caused by their job or happened while performing work duties. Once this is established, you must prove you were dependent on the victim’s income.
Typically, only the following can claim workers’ compensation death benefits:
- The victim’s spouse
- The victim’s children under 18
- The victim’s children under 23 if they’re a student
- Any mentally or physically disabled children of the victim
- Any dependent parents
- Any dependent siblings
How Much Does Workers’ Comp Pay for Death Benefits?
Pennsylvania workers’ comp laws allow up to $3,000 to be paid for funeral benefits. In addition, it provides death benefits to the surviving dependents by priority. A percentage of the victim’s weekly wage may be paid, though the amount varies on the type of dependent, number of children, and guardianship situations.
Unique family structures can complicate matters, but an experienced workers’ comp lawyer can help you determine who is entitled to benefits and what they should be paid.
Which Profession Has the Highest Workers’ Compensation Claims?
The U.S. Bureau of Labor Statistics reported nearly 5,000 fatal work injuries in a recent year. Transportation accidents were the most frequent fatal event, causing about 37 percent of all work-related deaths.
The statistics show that transportation and material moving occupations caused the most fatal work injuries, followed by construction and extraction. However, non-fatal injuries and illnesses were significantly higher in the health care and social assistance industry than in any other industry.
Is Workers’ Compensation Taxable?
Current Pennsylvania and federal laws do not allow any workers’ comp benefits to be taxable. However, they could be taxed if you’re also receiving Social Security Disability Insurance (SSDI) benefits. If you’re unsure if this applies to you, a workers’ compensation attorney can review your specific case and answer your questions.
Contact a Workers’ Compensation Lawyer Today
Losing a loved one is never easy. You don’t need to have extra stress on top of it. If you have any questions regarding whether your family may qualify for workers’ compensation benefits for a loved one’s work-related death, Calhoon & Kaminsky P.C. is here to help.
Contact one of our compassionate workers’ compensation attorneys today for a free consultation.
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For more than 20 years, our attorneys have been helping injured workers navigate the complex Pennsylvania workers’ compensation system. We empower workers with the information and the representation they need to make the best decisions for themselves and their families’ future.
