At GWC Injury Lawyers, we understand that losing a loved one is devastating. You may wonder, “What happens to your workers’ comp case if you die?” This guide aims to clarify Illinois workers’ compensation death benefits. We want you to understand your rights and available benefits.
What Happens to a Workers’ Comp Case After Death?
When a worker with an active workers’ compensation case dies, the outcome depends on whether the death was related to the work injury. Here’s what happens in each scenario.
Work-Related Death
If the death was work-related, the existing workers’ comp case evolves into a death benefits claim. This means eligible dependents (spouse, children, or other qualified individuals) can file for death benefits. These benefits typically include:
- Burial expenses (up to $8,000 in Illinois)
- Ongoing financial support (about 66% of the deceased worker’s average weekly wage)
Wrongful death lawyers at GWC can assist family members in filing for these benefits. We will help you secure the compensation Illinois law entitles you to.
Non-Work-Related Death
If the death was not work-related, the existing workers’ comp case does not automatically become a death benefits claim. Any ongoing temporary disability benefits cease immediately upon death.
If permanent disability benefits were awarded before death, these may be paid to the deceased worker’s estate. The number of remaining payments depends on the specific award.
While outstanding medical bills related to the deceased’s work injury can still be paid, no new medical expenses will be covered. In this scenario, no additional death benefits are provided, as the death was not work-related.
In both cases, GWC provides crucial guidance to families navigating these complex situations. We can help determine eligibility for death benefits, assist with the claims process, and ensure entitled compensation is secured.
Who Can Receive Death Benefits in Illinois?
If you’re wondering what happens to your workers’ comp case if you die, it’s crucial to understand who can receive death benefits. In Illinois, beneficiaries are prioritized as follows:
Primary Beneficiaries
- Surviving spouse
- Children under 18
- Children up to 25 if full-time students
- Disabled adult children
Secondary Beneficiaries
- Dependent parents
Other Dependents
- Individuals who were at least 50% financially dependent on the deceased worker.
Types of Death Benefits Available
When a workers’ comp case results in death, Illinois law provides several types of benefits:
- Burial Expenses: Up to $8,000 for funeral and burial costs.
- Ongoing Financial Support: About 66% of the deceased worker’s average weekly wage, is subject to state minimums and maximums.
- Duration of Benefits: Payments continue for 25 years or up to $500,000, whichever is greater.
How GWC Injury Lawyers Can Help
If someone close to you receiving workers’ comp benefits has recently died, GWC Injury Lawyers can assist in several ways:
- We’ll guide you through the complex claims process, ensuring all necessary documentation is filed correctly and on time.
- Our experienced attorneys will represent your interests in any hearings or negotiations.
- We’ll work aggressively to maximize the benefits you receive.
- We’ll help you navigate the appeals process if your claim is denied.
Important Deadlines
Understanding what happens to your workers’ comp case if you die includes knowing crucial deadlines:
- Death benefits claims must be filed within 3 years of the work-related death.
- Death benefits are not available if the death occurs more than 25 years after the work-related injury.
Death Benefits FAQ
What happens to your workers’ comp case if you die from unrelated causes?
Temporary disability benefits typically cease, while permanent disability benefits may still be paid to the deceased worker’s estate.
Can death benefits be paid if the worker dies years after the injury?
Yes, as long as the death is related to the work injury and occurs within 25 years of the injury date.
What if there are multiple eligible dependents?
Benefits are typically divided among eligible dependents based on their level of dependency.
Protecting Your Rights After a Work-Related Death
At GWC Injury Lawyers, we’re committed to guiding families through this difficult process, ensuring they receive the full benefits they’re entitled to under Illinois law.
If you’ve lost a loved one because of a work-related injury or illness, don’t navigate this complex process alone. Contact GWC Injury Lawyers today for a free consultation. Our experienced team will fight for your rights and help secure the benefits you deserve.
For more information or to schedule a no-obligation consultation, call us at 312-999-9999 or chat with a live representative.
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