Whenever someone loses a loved one because of a work-related illness or injury, they might feel they have no recourse. Likewise, they will not know what to do or how to continue living without the person's income. Will they be able to pay for the funeral and medical expenses? These are reasonable questions, and the Ohio workers' compensation system offers assistance in these cases.
It's wise to work with a workers' compensation lawyer, and Schuerger Shunnarah Trial Attorneys is here to assist. The workers comp attorneys in Cincinnati understand that hard-working and honest people are impacted significantly by the loss of a parent, child, or spouse, both financially and emotionally. Therefore, it's essential to work with workers' compensation specialists to determine if death benefits are possible.
Ultimately, workers' compensation death benefits might be allowed in the victim's case, but an attorney is often the best solution to get what they deserve. Learn more about how much compensation is offered for a death at work below. They can also help with questions like how is ppd calculated in Ohio?
Workers' Compensation Death Benefits in Ohio
Ohio Revised Code 4123.59 claims that when a disease or injury from work causes the employee's death, the employee's dependents (family members) are provided with benefits.
How Much Are the Workers' Comp Death Benefits in Ohio?
If there is one dependent alive when the worker dies, that person will get 66 2/3 percent of that employee's average weekly wage. There's a formula for determining if it is the minimum and maximum amounts allowed by Ohio law. Therefore, the amount the dependent receives might not be exact.
When there are multiple dependents to receive death benefits, the weekly benefit gets apportioned among all surviving family members. The case administrator will divide everything among the prospects.
Who Can Receive Death Benefits in Ohio?
People who were dependent on that person's income while alive might be allowed to get Ohio workers' compensation death benefits. Ohio law states that these individuals are presumed to be fully dependent on the deceased worker:
The surviving spouse who had been living with said employee when they died
The surviving spouse who had been separated from said employee at their time of death because of the employee's aggression
The children under the age of 18
The children under 25 years of age if in school at an accredited institution full-time
Adult children who are mentally incapacitated or physically disabled and unable to work and used the income from the deceased worker
To receive death benefits, one must be a surviving spouse, brother, sister, or lineal descendant. Whether or not the person is dependent is determined by the facts from the injury that resulted in the person's death.
Sometimes, individuals are partially dependent and can receive benefits because they got financial support from the person, such as help with medical bills, groceries, and rent, even though they didn't completely rely on that worker. Ultimately, they required financial support but weren't partially or wholly dependent on that person for money.
Here is a breakdown of death benefits for surviving family members:
Death Benefits for Surviving Spouse
If a surviving spouse was a dependent, they will receive the weekly death benefit, which continues until they remarry or pass away. If the spouse remarries, they get a lump sum that is equal to two years of that weekly benefit.
Death Benefit for Surviving Dependents (Dependent Children)
Minor children and some adult children are often entitled to the employee's workers' compensation death benefits. They continue until the dependent children turn 18 or 25 (if pursuing a full-time degree) or are no longer physically or mentally incapacitated. Typically, the benefits are paid to the spouse or other family members for the benefit of the children.
Death Benefits for a Partial Dependent
Partial dependents could get up to 66 2/3 percent of that employee's average weekly wage. This is determined primarily by the case administrator and is not paid in a lump sum.
Death Benefits for the Parents
The surviving parents, adoptive or biological, could receive a minimum amount of $3,000 if the employee was living with them at the time of death. This doesn't apply to any other surviving dependents.
Filing Workers' Compensation Benefits for Death
Dependents can file wrongful death claims within two years of that employee's death. The application must provide appropriate documentation and prove the following:
The worker's death happened because of their employment
The worker passed away
The claim was made within Ohio's statute of limitations
The applicant was a dependent of the deceased worker
The process for Ohio workers' compensation death benefits sounds simple, but it's often hard to navigate because the victim has no previous experience with such claims. Most survivors will need to hire a workers' comp attorney to reduce stress and get through the process faster. They can also answer questions such as how does permanent partial disability work in Ohio?
Recovering Medical and Funeral Expenses
Along with receiving workers' compensation benefits for the death of the employee, dependents can also recover funeral expenses and medical expenses for that employee's work-related treatment.
Specifically, dependents may request:
Medicine reimbursement
Medical, hospital, and nurse services
Exceptional transportation costs if the worker passed away outside of the area where they lived
Funeral expenses of up to $5,500
Often, the individual who paid for those things initially will apply for the reimbursement. Usually, this is the worker's spouse, and they must provide documentation to prove the amounts paid. Alternatively, the deceased person's estate may have covered these expenses. The executor is allowed to file for reimbursement in this case.
Why Work with a Wrongful Death Lawyer
If someone dies because of a work-related accident, disease, or injury, the surviving dependents are entitled to file an Ohio workers' compensation claim for death benefit payments. It's often called a wrongful death lawsuit.
Overall, the workers' compensation process is challenging for anyone. However, when dealing with a deceased employee on top of it all, it's wise to hire an experienced workers' compensation attorney. Schuerger Shunnarah Trial Attorneys is here to help victims review their cases and explain their legal options.
Please request a free consultation by filling out the online form or by calling. Don't let a loved one's death cause financial hardship in the future!