DuPage County Workers' Compensation Death Benefits Attorney

Death Benefit Attorneys for Family Members of Illinois Workers

If an injury or illness that occurred in an employee's workplace ultimately ends in death, family members or dependents of the employee can receive death benefits through the Illinois workers' compensation system. The knowledgeable workers' compensation attorneys at Mevorah & Giglio Law Offices can help advise you about the death benefits you are entitled to through workers' compensation laws.

Recipients of Workers' Comp Death Benefits

The idea behind death benefits is to help provide monetary support for those who are affected the most by the employee's death. The members of a person's household and any other dependents are presumably the people to whom the death will have a significantly negative impact. A person's spouse and minor children will generally be considered to be dependents. If the person was unmarried and had not minor children, their parents may be eligible for benefits if they were totally dependent on the person. If a person did not have totally dependent parents, other family members may qualify for benefits if they were at least 50 percent dependent on the person

Types of Death Benefits and Award Amounts

In Illinois, beneficiaries can receive monetary support that helps with the expenses associated with the funeral and burial of the deceased. Generally, workers' compensation provides a burial benefit of $8,000. Beneficiaries can also receive benefits that pay a percentage of the deceased's weekly wages. This benefit pays two thirds of the average weekly wage that a person received in the year before they were killed.

The person's spouse will usually be able to receive death benefits for the rest of their life. Benefits may be paid to support minor children until they reach the age of 18. If the spouse remarries, they will still be able to receive benefits until their children reach adulthood. However, if the spouse remarries, and they have no minor children shared with the deceased at the time of the marriage, they will receive a lump sum benefit equal to two years of the compensation benefits they are entitled to receive, and after that, their right to receive benefits will cease. The benefits received by survivors may be adjusted anually based on changes to the cost of living.

Additional Prerequisites

For survivors to qualify for workers' compensation death benefits, their loved one's death must be work-related. The death itself does not necessarly have to stem directly from the injury or illness. The main prerequisite is solely that the injury or illness contributed significantly to the death.

Separation of Benefits

Death benefits awarded to beneficiaries of the deceased are a separate entity than the workers' compensation benefits for a living employee. If an employee is owed his or her regular workers' compensation benefits at the time of their death, these accrued benefits are normally directed to either pass through the deceased's estate or to his or her dependents. Death benefits are separate claims.

Contact Our Lombard Workers' Compensation Death Benefits Lawyers

If you are a dependent or a member of a deceased's household, contact the skilled workers' compensation lawyers at our firm. You may need to follow certain time limits when applying for death benefits. Our lawyers can assist you with legal advice regarding workers' compensation death benefits, and we can assist with filing an application to help you receive the death benefits to which you may be entitled. We offer convenient evening and weekend appointments and 3 locations including Naperville, Lombard, and Bloomingdale. Call our office at 630-932-9100 to schedule your free initial consultation.