Our Bowling Green workers' compensation lawyers are here to represent you if you are injured in a workplace accident. We will fight tirelessly to get you the compensation you deserve. Call today for a no-cost strategy session with our team!
Death Benefits Through Workers’ Compensation
Death Benefits Attorneys in Bowling Green, Kentucky
When someone passes away due to a work injury, their loved ones might be eligible to receive financial support through a workers’ compensation benefit known as death benefits. As with any sort of workers’ compensation benefits, though, it can become difficult to get the full amount of death benefits if the insurance company that approves them is not being cooperative.
You shouldn’t have to deal with insurance company frustrations while you are already grieving the loss of your loved one, who might have also been the primary income-earner in your household. Give yourself the time and space you need by handing your death benefits case to Kentucky Injury Law Center. Our attorneys have the knowledge and experience needed to completely and correctly manage your case in your name. From the start to the end, we will be focused on getting the best possible outcome, so your family can focus on more important matters.
Dial (270) 423-0023 and ask how we can help with a death benefits case today.
How Much Does Workers’ Comp Pay for Death Benefits?
Death benefits are designed to help the deceased worker’s family continue living with financial stability for a while after losing their loved one. It does so by providing a portion of the deceased’s pre-injury income to their eligible surviving family members. The exact amount of wage replacement and for how long it is provided change based on the details surrounding the deceased’s employment and who was dependent on them.
Family members who can receive death benefits in Kentucky usually include:
- Spouses
- Children under 18
- Children over 18 who have certain physical or mental disabilities
- Children under 22 who are attending certain colleges and universities
In Kentucky, death benefits will usually pay up to 75% of the deceased’s wages each week, which will be affected by a state-level minimum amount and maximum amount. The weekly payments will be divided to all possible beneficiaries or claimants, but in an equitable fashion, which does not mean equal. Rather, the person who was most dependent on the deceased for financial support usually stands to get the most out of their death benefits.
Furthermore, if the deceased worker passes away within four years of their workplace accident or injury, then the beneficiaries of their death benefits can receive a separate settlement for more compensation. If you’re worried about not getting a fair amount in this settlement, then we recommend that you speak with our attorneys as soon as possible.
When Do Death Benefits End?
A spouse who is receiving death benefits will lose continual benefits when they remarry. Although, early cancelation for this reason can include a settlement equal to two full years of benefits. Children can lose access to death benefits when they age out of their benefits category or experience a major life change that disqualifies them. For example, if someone is receiving death benefits because they are attending college and are over the age of 18, then they would lose those benefits when they graduate or complete their degree.
Death benefits will also end when they reach the duration cap as described in the related workers’ compensation policy. Not all policies guarantee benefits for life, but most will provide benefits for at least five years.
Funeral & Burial Benefits
You can receive additional death benefits to pay for your deceased loved one’s funeral and burial services. The benefits are capped, though, and are based on what is “reasonable.” In other words, an extravagant funeral will not have its costs fully covered, even if you are following the last wishes and instructions of your deceased loved one.
Turn Your Case into a Success
Workers’ compensation claims are stressful, even in the best of situations. After losing your loved one to a workplace accident or occupational hazard, you are sure to be feeling the full weight of the tragic situation. Let our Bowling Green attorneys help you take some of that burden off you by managing your claim for you, including your pursuit of fair death benefits.
Schedule your free initial consultation with our firm today.
-
Accident in Company Truck Settlement $150,000
J.W. had worked as a truck driver for over 10 years when he was involved in an accident while driving. J.W. thought he would be ok and did not seek immediate attention; however, that turned out not to be the case. He sought medical treatment and even though the insurance carrier paid for some of the medical treatment, it quickly paid its own doctor to state all of J.W.’s symptoms were not related to the accident.
-
Injured Delivery Person
It started with a call –someone had slammed into the back of our client’s car while the client was on the job. The other driver had tried to pass our client over a solid yellow line because he didn’t see that she was turning. Our client had neck surgery and didn’t know what to do.
-
Settlement for Hydraulic Equipment Injury $150,000
K.G. injured his neck while working on hydraulic equipment. Initially, the insurance carrier argued that his neck condition was a degenerative condition and that it was not responsible for paying for any medical treatment.
-
Settlement for Utility Lineman Falling on the Job $100,000
N.W. suffered serious injuries after falling from 20 feet working as a utility lineman. The insurance company paid for N.W.’s medical bills and paid him TTD income benefits when N.W. was released from work, the insurance carrier sent him a settlement offer for $20,000.00 to settle his work compensation claim.
-
Severed Thumb on the Job Settlement $70,000
Like many injured workers, J.H. thought his employer would take care of him after injury severing part of his thumb while helping the employer is a secondary business. The employer tried to claim that J.H. was not an employee of the secondary business and the insurance company denied giving J.H. any income or medical benefits.
-
Shoulder Injury Settlement $150,000
A.M. was an employee of a government agency in Louisville. He injured his shoulder at work and was not sure what the next steps were to take as he did not think he could return to his old job.
-
Workers' Compensation for a Police Officer $150,000
Our client was a 30 year veteran for law enforcement officer whose career ended after a tragic shooting. The officer had worked his way up the chain of command, starting as a patrol officer and ending as a Lieutenant.
-
Workers' Compensation for Traumatic Brain Injury $350,000
J.P. had been a hard worker all his life. He had worked at his employer for over 26 years, rarely missing a day. However, it only took one day for his life to change when a compressed coil spring got loose and struck him in the head, causing to fall and injure his back as well. J.P. suffered both a traumatic brain injury and traumatic back injury requiring several surgeries.
-
Workers' Compensation Settlement $130,000
J.D. approached Kentucky Injury Law Center after the insurance denied his claim. JD had previously undergone back surgery but had fully recovered from that surgery when he injured his back while working for his new employer.