Fatalities and Workers’ Compensation

by | Aug 19, 2019 | Lawyers

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A fatal injury must meet the same criteria as any other work-related injury—that it arises out of and in the course of employment. The injured party does not necessarily have to be at the employer’s office or need to be performing specific duties in order to qualify for benefits; doing anything that is for the benefit of his or her employer most likely means that the injury will be covered.

The Chicago workers’ compensation system provides for benefits to be provided when an employee is injured on the job. When an employee suffers a fatal work accident, death benefits are provided to the spouse, minor children, and dependents of the worker.

For example, a stroke or heart attack that happens at work or at home might be covered if you can connect it to job-related stress or other factors related to work. Furthermore, if your loved one was performing their duties at work, but was not following safety rules, that should not affect their benefits—as they are usually available regardless of fault. Conversely, if your loved one was drinking on the job, blatantly horsing around, or otherwise acting in a reckless and dangerous manner, any workers’ compensation claim will likely be denied.

What Expenses are Covered?

When a worker suffers a fatal injury, all related medical bills and funeral expenses should be covered. Additionally, a surviving spouse and minor children will receive death benefits from the insurance company. Any other dependent family member will need to prove that they are financially dependent on the deceased worker, and to what extent. Their death benefit will be in proportion to how much they relied on the employee’s support.

Consult with a Knowledgeable Lawyer

The process of filing for Workers’ Compensation in Illinois can be complicated, especially when you are grieving the loss of someone close to you. There are filing deadlines and other requirements that will be difficult to manage during this incredibly stressful time. Nevertheless, it is vital that these steps are completed in a timely manner if you and your family are to receive the benefits you are entitled to.

Losing someone you love is incredibly difficult, and managing legal matters is likely the farthest thing from your mind. To help ensure your financial future, reach out to a compassionate Chicago Workers’ Compensation lawyer from Shea Law Group. We have helped thousands of families work through painful situations such as you are facing now—and we are here to help.