Workers’ Compensation Claims for a Work-Related Death
Workers’ compensation death benefits may be available when a worker dies as a result of a work-related injury or illness. In Pennsylvania, eligible dependents may be entitled to wage-loss benefits, funeral expenses, and other compensation, provided the death is connected to the employee’s work and the necessary claim requirements are met.
Understanding Workers’ Compensation Death Benefits
The loss of a loved one is devastating under any circumstances. When a fatal accident or illness occurs because of a person’s job, surviving family members are often left coping with emotional loss while also facing financial uncertainty.
Pennsylvania workers’ compensation death benefits are designed to provide financial support to eligible dependents after a work-related death. These benefits may help replace a portion of the income the deceased worker provided and assist with funeral and burial expenses.
When a Work-Related Death Qualifies for Benefits
To receive workers’ compensation death benefits in Pennsylvania, the death must be connected to the worker’s employment.
Examples may include:
- Fatal workplace accidents
- Construction site fatalities
- Motor vehicle accidents while working
- Fatal occupational illnesses
- Death resulting from medical treatment for a work-related injury
In some situations, proving that the death was work-related may be straightforward. In others, the insurance company may dispute whether the injury, illness, or medical condition was caused by employment.
Who Can Receive Death Benefits?
Pennsylvania workers’ compensation death benefits are available to certain dependents of the deceased worker.
Potential beneficiaries may include:
- Surviving spouses
- Minor children
- Full-time student children
- Dependent parents
- Dependent siblings
- Certain stepchildren
- Posthumously born children
The amount of benefits available depends on the worker’s average weekly wage and the relationship between the deceased worker and the surviving dependents.
Benefits Available to Surviving Family Members
Workers’ compensation death benefits may include:
Weekly Wage-Loss Benefits
Eligible dependents may receive ongoing wage-loss benefits based on a percentage of the deceased worker’s average weekly wage.
The percentage varies depending on the number and type of dependents entitled to benefits.
Funeral and Burial Expenses
Pennsylvania workers’ compensation may provide reimbursement of funeral and burial expenses up to the amount allowed by law.
Ongoing Financial Support
For many families, death benefits provide long-term financial assistance after the loss of a primary wage earner.
In some circumstances, a surviving spouse may continue receiving benefits for life unless they remarry.
Filing a Fatal Claim Petition in Pennsylvania
Dependents seeking workers’ compensation death benefits typically must file a Fatal Claim Petition.
In general:
- The death must be connected to a work-related injury or illness.
- The claimant must establish dependency.
- Filing deadlines must be met.
- Supporting evidence must be presented.
Fatal claim cases often involve complex medical, employment, and dependency issues, making it important to seek legal guidance as early as possible.
Death Benefits for Surviving Spouses and Children
Pennsylvania law provides different benefit rates depending on the family structure.
For example:
- A surviving spouse without children may receive a percentage of the worker’s wages.
- A surviving spouse with children may receive a larger percentage.
- Children may continue receiving benefits until age 18 or longer if attending school full-time.
Because every family’s circumstances are different, calculating benefits often requires a careful review of the facts.
Additional Benefits After a Fatal Work Injury
In addition to workers’ compensation death benefits, surviving family members may also be eligible for other forms of financial assistance, including:
- Social Security survivor benefits
- Life insurance proceeds
- Employer-provided death benefits
- Third-party personal injury claims in certain situations
An attorney can help identify all potential sources of recovery available to the family.
Talk to a Pennsylvania Workers’ Compensation Lawyer
If you lost a loved one because of a workplace accident or occupational illness, you may have the right to pursue Pennsylvania workers’ compensation death benefits. While no amount of compensation can replace a family member, these benefits can help provide financial stability during an incredibly difficult time.
At Stern & Cohen, we help families throughout Pennsylvania navigate fatal workers’ compensation claims and pursue the benefits they deserve. We understand the challenges families face after a work-related death and are here to guide you through every step of the process.
Contact Stern & Cohen today for a free consultation.
FAQs
What are workers' compensation death benefits in Pennsylvania?
Workers’ compensation death benefits provide financial support to eligible family members when a worker dies as a result of a work-related injury or occupational illness.
Who can receive workers' compensation death benefits?
Eligible dependents may include surviving spouses, children, dependent parents, dependent siblings, stepchildren, and certain posthumously born children.
What is a Fatal Claim Petition?
A Fatal Claim Petition is the legal filing used to seek workers’ compensation death benefits after a work-related death.
Does workers' compensation pay funeral expenses?
Yes. Pennsylvania workers’ compensation may provide reimbursement for funeral and burial expenses up to the amount permitted by law.
What if the insurance company denies a fatal claim?
Surviving family members have the right to pursue the claim through the Pennsylvania workers’ compensation system and present evidence supporting eligibility for benefits.