Workers’ Compensation Death Benefits
Workers’ Compensation Death Benefits
Losing a loved one is incredibly difficult and heartbreaking, no matter the circumstance. However, losing a loved one due to a preventable work accident is beyond tragic. In many instances, a work related death leaves the grieving family without a source of income.
A family should never have to grieve and worry how they will be able to pay their bills. A family has the right to seek workers compensation death benefits stemming from the work related injury that caused the untimely death of a parent, spouse or grown child.
Workers’ compensation death benefits attorney – Cleveland, Ohio
I have more than forty years of experience helping families in Cleveland and throughout Ohio, file workers’ compensation claims and recover benefits. The tedious work of the injury claims process necessitates accounting for lost wages and medical expenses in order to obtain benefits for a work injury.
As a Cleveland workers’ compensation attorney, I understand the hardships your family faces, and my staff and I will work tirelessly to obtain the maximum compensation possible. As my client, I will give you my direct dial cell phone number to call me day or night with questions concerning the work injury that took the life of your family member.
Workers compensation:
Workers’ compensation is a critical program that provides protection and support to employees who have suffered a work injury or become ill as a result of their job. The workers’ compensation benefits system is designed to ensure injured workers receive the necessary medical care, recover lost wages, and obtain survivor benefits for family members who have lost their loved one to a horrible injury. I am a highly experienced workers compensation attorney, who has spent my very long career fighting for injured Ohio workers and their families.
Workers compensation in the case of a death:
In Ohio, the workers’ compensation system provides workers’ comp benefits to survivors when a death results from a workplace injury or disease. The Ohio Bureau of Workers’ Compensation (BWC) pays workers’ comp benefits to eligible surviving dependents. Funeral cost benefits are available as well. Workers’ compensation lawyers know that Ohio requires all employers with one or more employees to carry workers’ compensation insurance. As a workers’ compensation claims lawyer for more than forty years, I have a incredible record of obtaining maximum benefits for my clients.
Workers compensation benefits for injured workers:
Workers compensation benefits are provided to the dependents or beneficiaries of an employee who dies as a result of a workplace injury or illness. The injured worker may have accrued medical bills prior to his/her death that need to be accounted for in the workers’ comp claim. Lost wages, funeral and burial costs are all part of a valid claim by surviving dependents. As one of the leading Cleveland workers’ compensation lawyers, I know what it takes to ensure your family is properly compensated for the death of a loved one. Call me today to discuss your claim, free of charge. You will never have an out of pocket expense, and I only get paid, when you win your case! No win. No Fee!
Who is eligible to receive workers compensation benefits in the case of death cause by an on the job injury?
In Ohio, surviving family members of workers who die from a work related injury, workplace accident or illness may be eligible to recover compensation. Specifically, the surviving spouse and dependent children are typically eligible for compensation benefits. The amount of recovery for a workers’ compensation claim is subject to the number of eligible dependents.
There are two requirements a dependent must meet in order to apply for and receive workers compensation death benefits:
The dependent must be fully or partly dependent on the deceased worker.
The dependent must have been in the deceased worker’s family—surviving spouse, parents of the deceased, children of the deceased, or sibling of the deceased.
When a workplace injury causes the death of your loved one, you have enough to worry about. As your Cleveland workers compensation attorney, my law firm and I will take care of everything concerning your workers’ comp claim.
Workers compensation benefits, from a work-related death, will be based on the degree of dependency the dependents had on your loved one, while he/she was alive. To file a workers’ compensation claim and to recover benefits, your first step is to call me. As your legal counsel, I will guide you step by step through the application process for your workers’ compensation case. I will prove, based on the preponderance of evidence, that your loved one sustained workplace injuries during the performance of their job, and that job injury caused their death.
What is the process for filing a workers comp death benefit claim?
To file a workers’ compensation claim for benefits in Ohio, the employer, authorized representative, or workers’ compensation lawyer, can submit the First Report of Injury, and the Occupational Disease or Death form either online, by mail or fax to the BWC.
Once the BWC receives the request for benefits, a workers’ comp claims service specialist will contact the applicant to discuss the workers’ comp claims, and if necessary, may request additional documentation or information. The BWC then decides whether to approve or deny the claim. Thereafter, the applicant will receive notification of the decision by mail.
Ohio law: statute of limitations for a death resulting from a work injury.
In Ohio, a claimant must file a notice of injury or death due to a workplace injury or an occupational disease within two years after the death, or within two years from the most recent of three specified dates (all three dates must have occurred before the statute of limitations begins to run). The statute of limitations on a workers compensation claim is determined by the date of injury, disability, or death, as well as the claim type.
Additional compensation may be awarded if a loved one’s death was caused by workplace negligence, which also falls under a wrongful death claim.
Several examples of a wrongful death claim may include:
Medical records indicated the cause of death was due to an auto accident while working in the performance of their job: in the case of motor vehicle accidents with a negligent driver, you will likely not be denied benefits
Third party claims: The death of your loved one was caused by a party other than the worker’s employer: As your workers’ comp lawyer, my law firm will file a third party liability claim against the negligent party. This may include outside vendors, subcontractors, equipment manufacturers, and possibly others.
Death caused by severe negligence of the employer: such as the failure to conduct routine maintenance on equipment used by its employees. Knowing improper maintenance, or no maintenance on equipment could result in serious harm/death can be deemed as a severe negligence claim.
You can’t do this alone! If your loved one was injured on the job, and died as a result, it is important to call me right away. As your workers’ compensation claims attorney, my legal team and I will find out exactly what happened. We will hold accountable those responsible for the death of your family member!
I know what happens in work injury wrongful death claims — it is not in your best interest to take this type of case on without legal representation! Call me now for a free consultation, to discuss your workers compensation claim, (800) 556-4769. I’ll be there for you every step of the way, and I’ll Make Them Pay!®
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