Does Workers’ Compensation Include Death Benefits in IL?

Receiving a phone call that your loved one has been seriously injured at their place of work can be nerve-wracking. However, your world may shatter when you learn that they have succumbed to the injuries they have suffered. This loss can be devastating, as not only are you left to grieve your loved one, but you must also learn to live without them and the support they provide. As such, the following blog explores what you should know about recovering death benefits following the passing of your loved one, including who can claim payments on their behalf and the importance of connecting with an Illinois workers’ compensation attorney to help guide you through these harrowing times.

Who Can Obtain Death Benefits on Behalf of a Deceased Employee?

When someone passes away while working, it can be devastating. Not only does this subject their loved ones to the loss of someone they cared about, but also the loss of their financial support as well. As such, it’s important to understand that certain family members are eligible to collect workers’ compensation death benefits on behalf of their loved one.

In general, only the spouse or children of a deceased employee are eligible to file for benefits on behalf of the worker. Children are only eligible if they are under 18 at the time the worker is deceased or if they are under 25 and a full-time student. If the worker does not have a spouse or children, payments may be made to dependent parents. In the event the worker has no surviving dependent parents, payments can be made to those who were at least 50% dependent on the worker, like step-children or partially dependent siblings.

Death benefits for workers’ families typically include compensation for funeral and burial expenses, as well as up to two-thirds of the worker’s weekly wages. Payments, like other forms of compensation, are capped at 25 years or $500,000, whichever amounts to more funds for the family.

If My Loved One Is Killed on the Job, What Do I Do?

Learning that your loved one has passed away on the job can be devastating. Unfortunately, you may find that the grieving process can be interrupted by the complexities of recovering death benefits on their behalf. As such, the most important thing you can do is connect with an experienced attorney to discuss your legal options and assist you through these difficult times.

Generally, you must file an adjustment of claim with the Illinois Workers’ Compensation Commission. You generally only have three years from the date on which they passed to file this claim. However, if they were injured and receiving benefits prior to their death, you will have two years from the date on which they received their final benefit payment to pursue a claim.

This process can be incredibly overwhelming, especially while navigating the grieving process. That is why it’s critical to connect with an experienced attorney with the Law Firm of Kevin A. Moore as soon as possible to discuss your circumstances. Our dedicated and compassionate team understands how difficult these matters can be, which is why we will do everything in our power to help you recover the funds you are entitled to. Contact us today to learn how we can assist you.