What death benefits is a spouse entitled to after losing their loved one in a work accident?
When a worker loses their life as a result of a work accident or illness, their dependents are usually provided with death benefits. This includes their spouse, minor children, and children who have reached adulthood but are mentally or physically handicapped. Under certain circumstances may the following individuals be considered dependents:
- Step children
- A surviving spouse who was not living with the employee
- Half brothers and/or sisters
- Lineal descendants
Now that you know you are entitled to receive benefits, you are probably wondering who provides these benefits, how much you are entitled to, and when you will start receiving them. While our West Jordan, Utah accident lawyers would be more than happy to sit down to discuss this information more in depth with you, below are some of the answers to the questions you may be seeking.
When will I begin receiving death benefits on behalf of my deceased spouse?
The first thing you need to do before benefits can be paid out is reach out to the insurance company who is responsible for supplying you these benefits. Your spouse’s employer should be able to supply you with the contact information for their insurance carrier in the event you aren’t sure who it is. Once the insurance carrier is made aware of the employee’s death and the dependents they have, they will likely request that following information be furnished to them:
- Copies of marriage, death, and/or birth certificates
After the insurance carrier is able to confirm the dependents who are entitled to receive death benefits, they should begin issuing weekly compensation to each dependent. The total amount of the benefits is divided equally among all dependents. In the event you wish to not have the compensation divided perhaps because some is for your children but they are too young to receive it, your case will need to be submitted to an administrative law judge for them to make the decision on how the compensation is to be split.
Obviously, this might seem like a tedious task that you have to complete and you may not be in the right state of mind to have to deal with this which is why we have accident attorneys in West Jordan, Utah who can get it done for you. Our lawyers understand how difficult life might be for you after losing a loved one and left to pick up the pieces of your once put together life which is why we recommend you call upon them for help and support.
If your spouse was the sole provider for your family, although compensation won’t bring them back, it can help with the financial struggles you might be experiencing seeing they are no longer here to provide for you and your family.
How will the insurance company calculate the compensation that is to be paid out?
According to Utah’s Labor Commission, “Weekly compensation paid to dependents is 66 2/3% of the deceased employee’s average gross weekly wage on the date of the accident. “You and your dependents are expected to be compensated on a weekly basis for 312 weeks.
Now, if you feel that you might benefit from some help in getting these benefits paid out or gathering the required paperwork so the insurance company can begin processing your claim, USAttorneys.com will pair you up with a dependable West Jordan, UT accident and injury lawyer who specializes in workers’ compensation claims. Give us a call so we can get you on the track to locating reliable legal aid immediately.