The first step in obtaining death benefits is to file a claim with the workers' compensation insurance provider. This claim must be filed within a certain period of time after the death, so it's important to act quickly. The claim should include information about the deceased worker, including their name, date of birth, Social Security number, and any other relevant information. It should also include details about the work-related injury or illness that led to their death.
Once the claim is filed, the insurance provider will review it and determine whether or not the deceased worker is eligible for death benefits. If they are eligible, the insurance provider will provide a lump sum payment to the family of the deceased worker. This payment is typically used to cover funeral expenses and other costs associated with the death.
In some cases, the family of the deceased worker may also be eligible for additional benefits, such as lost wages or medical expenses. These benefits are typically paid out in monthly installments over a period of time. It's important to note that these benefits are only available if the deceased worker was employed at the time of their death and had been employed for at least six months prior to their death.
In addition to filing a claim with the workers' compensation insurance provider, families may also be able to file a wrongful death lawsuit against the employer or other responsible parties. This type of lawsuit can help families recover additional damages that are not covered by workers' compensation benefits. It's important to note that these types of lawsuits can be complex and time-consuming, so it's important to consult with an experienced attorney before filing one.
Navigating death benefits in workers' compensation can be complicated and overwhelming. It's important to understand what you need to know before you start the process so that you can ensure that your family receives all of the benefits they are entitled to. By filing a claim with the workers' compensation insurance provider and consulting with an experienced attorney, you can ensure that your family receives all of the benefits they are entitled to.