Losing a loved one unexpectedly in a workplace accident is a tragedy that no family is prepared for. Navigating the next steps can feel overwhelming, if not impossible. Anyone suffering such a loss deserves justice, and the law is on your side. We can help.

What are death benefits in workers’ comp cases?

The Virginia Workers’ Compensation Act allows for dependents to receive financial support after the death of a loved one in a workplace accident. In this blog post, we will explain who qualifies for these benefits, the amount of compensation that can be expected, and the eligibility requirements surrounding these benefits.

If you or someone you know has been devastated by the loss of a loved one in a workplace accident, call Reinhardt | Harper | Davis today for a free case evaluation at 800-884-9507.

Who qualifies for death benefits?

Dependents who are eligible for death benefits within the Virginia workers’ compensation system include:

• Surviving spouses
• Dependent children under 18
• Dependent children up to 23 years of age, if enrolled in an accredited educational institution
• Parents in destitute circumstances – if they can prove that they were financially dependent on the worker

If there are no dependents, there are limits to what is covered after the death of a worker. The benefits are usually limited to:

• Funeral expenses
• Medical expenses from the accident

What kind of death benefits can dependents receive?

The Virginia workers’ compensation system offers myriad benefits, depending on eligibility. These can include:

• Lost wages: Statuatory benefactors (as discussed above) may receive a weekly payment, which equals 66 2/3% of the employee’s average weekly wage. Though these payments can be subject to limitations, beneficiaries can receive these checks for up to 500 weeks – the maximum length of time for this type of benefit.
• Funeral, burial, and cremation expenses: The workers’ compensation insurance carrier is required to pay up to $10,000 for funeral, burial, and/or cremation expenses. This alleviates the financial burden on the family as they navigate the immediate aftermath of the accident.
• Transportation expenses: The insurance carrier is also responsible for up to $1,000 in transportation services for the deceased, such as transporting them to and from the funeral to the burial services.

How do you calculate the amount of death benefits you can receive?

Of course, no two cases are alike. When determining the amount of compensation dependents can receive, calculations are based on the following factors:

• • The number of dependents
  • The average weekly wage of the deceased employee

The duration of benefits is also dependent on a few factors. Though the maximum length of time people may receive benefits lasts up to 500 weeks, there are exceptions to the rule. These include:

• Benefits cease if the surviving spouse remarries.
• Benefits to surviving children cease once they are 18, unless they are physically and mentally incapacitated. The benefits may go beyond 18 years of age if the children are also full-time students. In this case, they can expect coverage until they are 23 years old.

Why timing is crucial for death benefits

When it comes to death benefit claims, timing is of the essence. There is a two-year statute of limitations to file a claim, and once the window has closed, it’s closed forever. Beyond this, filing a claim helps families pull through challenging times, as dependents can suffer economic losses, whether through loss of income, funeral costs, or exorbitant medical bills.

Finally, skilled workers’ compensation lawyers work tirelessly to build the strongest case possible for their clients. And the earlier a claim is filed, the easier it will be to obtain medical and employer records, speak to witnesses before memories fade, and gather crucial evidence.

How do I apply for death benefits?

The aftermath of a workplace tragedy presents many obstacles, but thankfully, the steps toward applying for death benefits are straightforward.

• Step 1: File a claim. After the death has been reported to the employer, a claim must be filed with the Virginia Workers’ Compensation Commission within two years.
• Step 2: Gather documentation. You will need to provide death certificates, marriage certificates, and/or birth certificates, as well as financial records that can prove financial dependency.
• Step 3: Attend hearings. In some instances, a hearing may be necessary to determine eligibility and resolve potential disputes.

Once these steps have taken place, death benefits will be paid out. They are usually distributed on a weekly basis.

What are common issues with applying for death benefits?

The Virginia Workers’ Compensation Commission is designed to provide support for those suffering loss. But at times, claimants can still face challenges, such as:

• Proving the injury was work-related: Employers can potentially push back on the narrative that the injury was work-related. A skilled workers’ compensation attorney can help you navigate these roadblocks, as this is a common tactic.
• Determining qualifying beneficiaries
• Insurance disputes: Insurance carriers often look to protect their bottom line by minimizing benefit amounts. An experienced workers’ compensation attorney is aware of the nuances in the system and can fight for justice on your behalf.

What is a third-party claim in workers’ compensation cases?

Sometimes, a workplace tragedy may be attributable to a party other than the employer. For instance, if a long-haul trucker was hit by another vehicle while traveling for their job, or if a dock worker was struck by a boat unassociated with their company, the family may have grounds for filing both a workers’ compensation claim and a personal injury suit against the at-fault third party.

Third-party claims can potentially provide additional compensation for a family’s loss. However, there are many nuances for crossover cases that involve third-party claims. Reinhardt | Harper | Davis has over 100 years of combined experience navigating families through legal loopholes and pushback from insurance companies.

Should I hire a workers’ comp lawyer to file for death benefits?

Absolutely. Losing a loved one in a work accident is challenging for families. Workers’ compensation lawyers allow families to grieve while they navigate the complexities of the claim in ways that non-lawyers cannot.
Reinhardt | Harper | Davis can:

• Guide you through the legal process, provide explanations, and manage expectations
• Help you to gather evidence to build a rock-solid case, from medical and work records to witness statements
• File your claims and appeals
• Represent you in hearings
• Negotiate with insurance companies
• Navigate the system for third-party claims, should they apply to your case

Reinhardt | Harper | Davis has helped countless families with death benefit cases and understands how important it is to provide thorough, compassionate care. If you have lost a loved one to a workplace tragedy, reach out to us for a free case evaluation at 800-884-9507 or visit us online. We are sorry for your loss, and look forward to helping you through this difficult time.