Button 4 Button 1 Button 2 Button 3 Button 5 Button 6
  • Twitter
  • Facebook
  • Google
630-932-9100
Free Initial Consultation 630-932-9100
Mevorah Law Offices LLC
630-932-9100
Workers Comp rights attorney Lombard

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

JOLIET

58 N. Chicago Street, Suite 500, Joliet, IL 60432

Phone: 815-727-4500

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

Kane County Attorneys for Workers' Compensation Death Benefits

Death Benefit Lawyers for Family Members of Illinois Workers

If an injury or illness that occurred in an employee's workplace ultimately ends in death, family members or dependents of the employee can receive death benefits through the Illinois workers' compensation system. Knowledgeable workers' compensation attorneys at Mevorah Law Offices LLC can help advise you about the death benefits you're entitled to through workers' compensation laws.

It is important to understand the law regarding death benefits in your state. The rights and details of workers' compensation death benefits vary from state to state, so knowing the law in your particular jurisdiction is crucial in helping you collect the benefits. The following sections will help to explain the features found throughout most states.

Recipients

In most states, there are two main relationships which workers' compensation death benefits concerns itself with:

1. Dependents

2. Members of the family or household of the deceased

The idea behind death benefits is to help provide monetary support for those who are affected the most by the employee's death. The two beneficiaries mentioned above are presumably the people to whom the death will have a significantly negative impact. However, in some cases, state law differentiates between people who are wholly dependent on the deceased versus those who are partially dependent. Some states prefer to name the completely dependent people as recipients of the death benefits, leaving the partially dependent to receive reduced awards.

If you are a spouse or child of the deceased employee, there are some instances where you are considered a dependent without having to provide proof. In the case of a voluntary marital separation, however, if the spouse has financial independence, they may not be considered a dependent.

Family relationships or household makeup are important in many states in determining who is eligible to receive death benefits. In certain states, they may have a list of familial relationships that can be considered for being a beneficiary. In such cases, household members such as in-laws, stepchildren or stepparents, or unmarried but co-habitating partners and even sometimes unrelated persons may be able to qualify for death benefits. As long as the people can prove they were living with the deceased, they can qualify, especially if they were financially dependent on the employee at the time of death.

Given that the death benefits have somewhat of a benevolent nature, states are usually very liberal in naming beneficiaries.

Types of Death Benefits and Award Amounts

Usually, the beneficiaries will receive monetary support that helps with the expenses associated with the funeral and burial of the deceased. The amount offered for these expenses varies greatly between the states, and there is usually a cap on how much money can be received. Beneficiaries will also receive a percentage of the deceased's weekly wages.

There is no set rule as to how long a recipient will receive death benefits. Some states will give a surviving spouse benefits until the spouse's own death. Other states will only give benefits for a certain number of weeks, or until the spouse remarries or enters another intimate relationship. If the beneficiary of the benefits is a child, they will usually receive compensation until they become of age. If there are other dependents receiving benefits, they will either continue throughout the dependent's life, or until they are considered to be financially independent.

Additional Prerequisites

Certain states require the death of the employee to occur in a set length of time after the work injury or after the last treatment of the injury in order for the death benefits to be received. In some instances, there must be a continuous disability in the employee from the time of their injury to the time of their death.

The death itself does not have to stem directly from the injury or illness. The main prerequisite is solely that the injury or illness contributed significantly to the death.

Separation of Benefits

Death benefits awarded to beneficiaries of the deceased are a separate entity than the workers' compensation benefits for a living employee. If an employee is owed his or her regular workers' compensation benefits at the time of their death, these accrued benefits are normally directed to either pass through the deceased's estate or to his or her dependents. Death benefits are separate claims.

Contact Mevorah Law Offices LLC at 630-932-9100630-932-9100 today and schedule your free initial consultation.

If you are a dependent or a member of a deceased's household, contact the skilled workers' compensation lawyers at our firm. Many states have time limits for applying for death benefits. Our lawyers can assist you with legal advice regarding workers' compensation death benefits and filing an application to help you receive the death benefits to which you may be entitled. We offer convenient evening and weekend appointments and 5 locations including Chicago, Joliet, St. Charles, Lombard and Bloomingdale.

  • DuPage County Workers Compensation Lawyers
  • Elite Lawyers
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.
*
*
*

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 35 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Joliet, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted