Worker’s compensation benefits are designed to help injured employees and their families cover expenses when someone is injured. When a workplace accident results in a fatality, surviving family members are often left with emotional and financial distress. If this has happened to you, you can file a claim for workers’ comp death benefits that cover lost wages and funeral/burial expenses payable to eligible surviving dependents.
In this blog, the Quad Cities workers’ compensation lawyers at Winstein, Kavensky & Cunningham explain these benefits, how surviving family members can get these benefits in Iowa or Illinois, and how a lawyer can help you file a claim.
What Are Workers’ Comp Death Benefits?
Workers’ compensation death benefits are payments made to the dependents of a worker who has died due to a work-related injury or illness. Similar to wrongful death claims, these benefits help cover lost wages, funeral expenses, and other financial hardships resulting from the worker’s death.
Some examples of workers’ compensation death benefit claims might include:
- A construction worker suffering a fatal fall
- A truck driver is killed in a highway accident
- A store cashier is fatally assaulted
In Illinois and Iowa, laws govern these benefits, how they are distributed, who qualifies, the amount of compensation available, and the type of compensation available.
Workers’ Comp Death Benefits Available in Iowa and Illinois
In both states, workers’ compensation death benefits are available to certain eligible dependents under certain circumstances and conditions.
Eligible dependents for workers’ comp death benefits in Iowa include:
- A surviving spouse can receive benefits for life or until remarriage. If a surviving spouse remarries and there are no dependent children at that time, the spouse is entitled to a two-year lump-sum payment.
- Dependent children until age 18, or up to age 25 if they are actually dependent. This applies to children up to age 25 who are enrolled as a full-time student in an accredited educational institution at the time of death.
- Children who were physically or mentally incapacitated and unable to earn an income at the time of the injury that resulted in death are entitled to benefits for as long as their incapacity lasts.
- Other individuals who were actually dependent on the deceased worker may also qualify. This might include:
- Elderly parents
- Disabled siblings
- Stepchildren
- Foster children
- Unmarried partners
To qualify, they must prove actual financial dependency at the time of death.
Iowa workers’ compensation death benefit dependents receive the following:
- Weekly compensation with a maximum that cannot exceed 200% of the statewide average weekly wage, as determined by Iowa Workforce Development (IWD) at the time of the injury.
- Burial costs are covered up to twelve times the average weekly wage for the state at the time of death.
Eligible dependents for Illinois workers’ comp death benefits include:
- Surviving spouses and children can receive weekly compensation for life or until remarriage. If there are dependent children, payments continue until the youngest child turns 18 or up to 25 if enrolled full-time in an accredited educational institution. In the event of remarriage and the absence of dependent children, the spouse receives a lump sum of two years’ salary, ending all other benefits.
- Parents who were fully dependent on the worker, if the deceased worker had no spouse or children.
- Benefits are provided to children with physical or mental incapacities for the duration of their incapacity.
- If there are no fully dependent parents, benefits may go to individuals who were at least 50% financially dependent on the worker, including:
- Stepchildren
- Partially dependent parents
- Partially dependent siblings
To qualify, these dependents must provide proof of actual financial dependency at the time of the worker’s death.
Illinois workers’ compensation death benefit dependents receive the following:
- Surviving spouses and dependent children can receive weekly compensation for up to 25 years or $500,000, whichever is greater.
- Employers are required to pay $8,000 toward burial and funeral costs.
- Eligible dependents can receive supplemental funds from the Illinois Rate Adjustment Fund to help with the rising cost of living.
How Can a Lawyer Help Me File a Death Benefit Claim?
Filing a workers’ compensation claim for death benefits can be difficult, especially when you’re grieving the loss of a loved one. With one of our experienced attorneys handling the legal aspects of your claim, you can concentrate on your family during this challenging time.
Your Quad Cities workers’ comp death benefit attorney will:
- Determine if you are eligible to file a claim
- Identify qualified dependents, such as spouses, children, and parents, and ensure they meet legal eligibility requirements
- Gather evidence, including documentation of injuries, medical records, accident reports, and employment documentation to prove the death was work-related
- Handle legal paperwork, deadlines, and communications with the employer and insurance company
- Work to ensure you receive the full financial support you and your family are entitled to
- Represent you in any disputes or appeals if the claim is denied
Workers’ Compensation Death Benefits FAQs
Below are answers to common questions about eligibility, benefits, and the claims process. However, eligibility, benefit amounts, and duration can vary depending on where you live, the circumstances of the worker’s death, and your level of dependency.
1. Who is eligible for workers’ compensation death benefits?
Eligibility depends on state laws and the worker’s financial obligations before their death. Typically, dependents include spouses, children, totally dependent parents (if no spouse or children exist), and partially dependent individuals.
2. What benefits are available?
Workers’ compensation death benefits typically include weekly compensation payments (calculated as a percentage of the worker’s earnings) and burial and funeral expenses
3. What if my claim is denied?
If your workers’ compensation death benefits claim is denied, you can appeal the decision, submit more evidence, or consult an attorney.
4. How do I start a claim for death benefits?
The process of filing a claim varies by state but typically involves reporting the worker’s death, submitting a claim form through the employer’s insurance, and providing documents like medical records, a death certificate, and proof of dependency.
5. Are workers’ compensation death benefits taxable?
In most cases, workers’ compensation death benefits are not taxable under federal and state tax laws. However, it’s always best to consult a tax professional.
6. How much does a workers’ compensation attorney cost?
Most workers’ compensation attorneys work on a contingency fee basis, meaning you only pay if you win the case.
Contact a Quad Cities Workers’ Compensation Attorney Today
Navigating the workers’ compensation death benefits process can feel overwhelming. However, eligibility rules, benefit amounts, and legal requirements can vary based on your location and circumstances. This is why having experienced workers’ compensation attorneys from Winstein, Kavensky & Cunningham by your side is crucial to helping you secure benefits.
Our experienced workers’ compensation lawyers can help you navigate the system and get your owed benefits. We’ll fight for you, every step of the way, handling everything from filing to appeals and disputes.
We offer compassionate, face-to-face support to Quad Cities clients. Unlike many companies, we’re prepared to litigate on your behalf to secure your compensation and ensure those responsible are held accountable. Let us help you secure the financial support your family needs.
If you’ve lost a loved one in a workplace accident, contact us today for a free consultation. Reach us by phone at (309) 794-1515, via LiveChat, or by filling out our contact form.