Death Claims at Work
Workers' compensation benefits pay for any injuries or illnesses that happen while you are working. Some states restrict coverage for injuries caused by an employee's own willfulness conduct or injuries or accidents resulting from alcohol or illegal drug use. If an employee dies on the job, it is usually assumed that the death was work-related. The employee’s dependants or beneficiaries are generally entitled to money for funeral expenses and the employees lost wages for a time period determined by the circumstances. A spouse and any children living with deceased at the time of death are presumed in many jurisdictions to be dependants. Other dependants may be required to prove their dependency status which may be full or partial. The amount of the dependants who can benefit is usually determined by the wages in effect at the time of the employee's death, and in some states the number of dependants that the deceased had. Remember that worker's compensation laws vary from state to state, so call us as soon as possible to review and advise you on your case.
Employees who sustain traumatic injuries while working are entitled to emergency medical care at the expense of the employer. If you are injured on the job, your medical expenses including ambulance, emergency room care and subsequent hospitalization should be covered by workers' compensation insurance carried by your employer. State laws generally define a work-related injury that occurs while you are actually on the premises or doing any duty for the benefit of your employer. This also includes certain errand duties if done at the request of or for the benefit of your employer. Injuries that occur during an automobile accident while you are on the job would be covered by workers' compensation insurance. Some states insist certain requirements be met in order for emergency care to be paid for by workers' compensation. Check with an attorney knowledgeable in the laws dealing with workers' compensation if you have sustained major injuries in a work-related accident.