How Do I File a Workers’ Compensation Death Claim?

June 10, 2019

workers comp lawyer PhiladelphiaWhen a loved one dies after developing a work-related illness or being injured on the job, death benefits are available to compensate the worker’s dependents for the lost financial support their loved one provided. After a loved one dies from a work-related injury or illness, it is up to the family to notify the deceased employee’s company that you are preparing to file a claim.

Workers’ Compensation Process

When an employee is fatally injured at work, their employer should provide the deceased employee’s family with the proper claim forms. If not, it is important that the employee’s family contact their workers’ compensation office. After completing the necessary paperwork, the employer will file the claim with its insurer as well as with the state’s workers’ compensation office. When an employee dies in an accident on the job, or 30 days after the incident, employers have eight hours to report it to the Occupational Safety and Health Administration.

Employers are required to file a First Report of Injury with the Bureau of Workers’ Compensation when a workplace injury results in an employee’s death. This must be done 48 hours after the employee’s death. After the claim is evaluated, the family of the deceased employee will be notified about whether it has been accepted and the benefits they are entitled to receive.

Family Eligibility

In many states, family members eligible for workers’ compensation death benefits include:

  • A spouse, regardless of their own income.
  • The child of a deceased employee who is under the age of 18, or a child under the age of 23 who is enrolled in school full-time.
  • Parents who were dependent on the deceased employee, either partially or completely for financial support.
  • A disabled sibling under the age of 18, or a disabled sibling under the age of 23 who is enrolled in school full-time and who is either completely or partially dependent on the deceased employee for financial support.

How Much Do Family Members Receive in Death Benefits?

Death benefits may be given in installments or in a lump sum. The amount is determined based on a percentage of what the deceased employee earned before being injured or falling ill. There is a limit to how long family members can receive death benefits if they are being paid in installments. Spouses may continue to receive death benefits until they remarry or until their death. Children may receive death benefits until they turn 18. However, if a child is receiving post-secondary education or vocational training, they may receive death benefits until they turn 23.

Contact Our Workplace Accident Lawyers in Philadelphia for Help Filing a Workers’ Compensation Death Claim

If you are a family member of someone who was fatally injured at work, contact a workplace accident lawyer in Philadelphia at Larry Pitt & Associates, P.COur team will fight tirelessly to obtain the compensation to which you are entitled. For a free consultation, contact us online or call us at 888-PITT-LAW.

Conveniently located in PhiladelphiaBensalemLansdowne, and Reading, we represent clients in Berks CountyBucks CountyChester CountyDelaware CountyMontgomery CountyPhiladelphia County, and throughout Pennsylvania, including those in the communities of AbingtonAmblerArdmoreBala CynwydBensalemClifton HeightsCrum LynneDarbyDowningtownDoylestownDrexel HillEssingtonFolcroftGlenoldenHaverfordHavertownHolmesKutztownLansdowneMediaMerion StationMortonNarberthNorristownNorwoodPhiladelphiaProspect ParkQuakertownReadingRoxboroughSharon HillUpper DarbyWest Chester, and Wynnewood.