Death and Survivors Benefits

If a family member’s work-related injury results in death, the attorneys at The Davis Law Group, P.C. can help you obtain the benefits you deserve.

Survivors of the decedent are entitled to compensation. Those who can collect include the decedent’s spouse and children under the age of 18, as primary beneficiaries. If there are no primary beneficiaries, totally dependent parents will be entitled to these benefits. If the decedent did not have totally dependent parents, benefits may be paid to those who were at least 50% dependent on the decedent at the time of his or her death. Survivors’ benefits are equal to two-thirds of the employee’s gross average weekly wage in the year before the injury, subject to limits set by the Commission.

If the surviving spouse remarries and there are eligible children, benefits will continue. However, if there are no eligible children, the surviving spouse is entitled to receive two years of survivors’ benefits in a final lump sum payment.

Additionally, the decedent’s survivor or individual paying for the burial is entitled to a burial benefit. If the injury that resulted in the death occurred before February 1, 2006, a $4,200 burial benefit will be provided. If the injury occurred after that date, an $8,000 burial benefit will be provided.

At The Davis Law Group, P.C., we understand the difficult loss of a loved one and we will fight for the compensation you deserve.