Many people are unaware that the family of deceased family members can collect benefits if their loved one dies as a result of a work-related injury or illness. The determination of qualification depends on your relationship with the deceased, but in most states there is a provision for family members to collect workers' compensation. If you would like to find out more information about collecting workers' compensation on the behalf of a deceased family member, read on.

Eligible Family Members

While state law varies, the main determination for benefits is generally based on whether or not you were financially dependent on the deceased. Most commonly this includes:

• The spouse of the deceased. The income of the spouse may affect the benefit amount in some some states.
• The children of the deceased under the age of 18.
• The children of the deceased over the age of 18 who are mentally or physically disabled.

How the Circumstances of the Death Affects Eligibility

Just as with the all workers' compensation issues, the death must have occurred at work or in connection with work-related activities. However, if your loved one had a medical condition that was not work-related, but was made worse by work, you may still be qualified for benefits. For example, if your loved one was being treated for heart disease unrelated to work, and had a minor accident at work and subsequently passed away as the result of a heart attack, you may qualify for benefits even though the minor accident did not directly cause the death.

What Benefits are Available?

• While the exact amounts varies from state to state, as the qualified family member of the deceased you are normally entitled to receive a percentage of the deceased's pay. This amount is commonly two-thirds.
• Burial benefits may be available in some states.
• The medical expenses of the deceased are always covered in full.
• There are normally limits on the total amount, with some states dividing the set benefit amount between the dependents.
• Some states offer a lump sum, one-time survivor payment.
• Some states offer a set amount per week or month.
• Most often the spouse of the deceased can receive benefits until they die or marry.
• Most often the children of the deceased can receive benefits until age 18 and disabled children can continue to receive the benefits until they die.

When you lose a loved one, you may not at first be worried about collecting workers' compensation on their behalf, but you are entitled to seek the replacement of their lost wages and the sooner you seek the advice of a workers' compensation attorney, like those at John J Bublewicz Attorney At Law, the sooner you can get some financial relief.