Families can receive workers’ compensation death benefits when their loved one has passed because of a job related illness or injury. The amount of their compensation, both collectively and individually, depends on several factors. The insurance company can create serious issues that you need to address before you can receive any compensation or benefits. When your loved one has died on the job, reach out to the experienced attorneys at Williams & Roche to learn more about your legal rights and the compensation to which you may be entitled.
What to Do When a Loved One Has Died on the Job
The last thing that your family wants to do is get involved with the details of both your loved one’s death and the legal process. Although you have up to two years from the date of death to file a workers’ compensation claim, your family likely needs the money today, and you cannot afford to wait.
The first thing that your family needs to do is notify the employer of your loved one’s death. You cannot assume that they already know anything. Then, you should hire an experienced workers compensation attorney as early as possible.
In the meantime, you may need to gather documentation and evidence that can help you prove your case. While you need to show that your loved one’s death was related to their job, you may have to deal with allegations and defenses raised by the insurance company with the intent of denying you compensation.
You should also keep all documentation related to expenses that your family incurred before your loved one died. You are entitled to reimbursement of medical expenses to treat your loved one between the time of their injury and their death.
Is Wrongful Death Covered By Workers’ Compensation Laws?
Before your family files a claim for a workers’ compensation death benefit, you would need to conduct a complete investigation of the cause of the accident. Usually, the family cannot file a personal injury lawsuit against the employer. However, you may file a wrongful death lawsuit when there is a third party who is to blame for the death of your loved one.
If there is no responsible third party, the family would need to file a workers’ compensation claim. Thankfully, South Carolina law protects families who have lost a loved one to a work-related injury, providing you with much-needed benefits for an extended amount of time.
How Much Is the Workers’ Compensation Death Benefit?
The amount of death benefit that a family would receive is determined by how much the worker was making before they died. Under South Carolina law, the dependents are paid two-thirds of the average weekly wage that the deceased worker was earning at the time that they died or had to stop working, up to a statutory cap. In addition, the law provides that the family can receive up to $12,000 for funeral and burial expenses. Unlike other states, South Carolina does not give any extra financial compensation when the deceased person leaves behind dependents. How the benefit is divided depends on the number of dependents and how much they relied on the deceased person for their support.
How Long Can the Family Receive Workers’ Compensation Death Benefits?
Death benefits last for ten years after the date that the worker passed away. You can file a claim if the worker died within two years after their work-related injury. If they were permanently disabled from the accident or illness, the amount of time that you have to file a claim increases to six years.
The family can opt to receive weekly benefits, or they may take a lump sum settlement that reflects the present value of the money they would receive in the future. Most families opt for the latter because they are able to get all of their money at once.
Denials and the appeals process for a Columbia workers’ compensation claim
The insurance company may deny your claim for a number of reasons, including:
- Your loved one acted intentionally or extremely recklessly
- There were drugs and alcohol involved in the accident that caused your loved one’s death
- They believe that the death was not related to the job
- You did not meet the procedural requirements for the claim
- The medical records are insufficient to establish the cause of death
If your workers’ compensation death benefit claim has been denied, you can file an appeal with the South Carolina Workers’ Compensation Commission. You are always entitled to due process and your day in court, no matter what the insurance company says. There are numerous pathways to an appeal. Your attorney may engage with the insurance company to clear up and resolve any misunderstandings without having to file formal legal action. If your initial appeal is denied, you can take your case to the full Commission and then to state court.
You can expect that multiple people will have their eyes on your case before they render an objective and impartial decision, which is something that you would not get from the insurance company.
A hearing may be a difficult experience for a family, which must relive what happened to their loved one. However, it may be necessary when the insurance company is giving you the runaround and denying your death benefit.
Contact a Columbia, SC Workers’ Compensation Death Benefit Attorney Today
The last thing that your family wants to deal with when your loved one has passed away is the details of the legal process. This is even more true when the insurance company is making the claim harder than it should otherwise be for your family. You can leave the details of your workers compensation death benefit claim to the experienced attorneys at Williams & Roche.
We can work on behalf of your family, while you deal with your grief and tend to what is important. You can schedule a free initial consultation with one of our attorneys by sending us a message through our website or by calling us today at 803.784.0503.
