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Workers compensation benefits for children of fatally injured workers
If a parent dies from a work-related accident the dependent children share the workers compensation benefits until they reach the age of 21, or longer in some circumstances. If a dependent child is physically or mentally incapacitated the weekly payments can be made until 500 weeks of payments are exhausted. The weekly payments are equal to 2/3 of the deceased parent’s average weekly wage for the preceding 52 weeks of employment.
Criteria for presumptive dependents
A child that is over the age of 21, at the time of the parent’s death, may be classified as a presumptive dependent if the child meets four criteria:
1) never married and
2) was living at home with the deceased parent and
3) has been “keeping house” for the deceased parent and
4) is not otherwise gainfully employed.
This situation is rare and is not intended to cover children who were under 21 at the time their parent passed away and are now in college or living at home while unemployed. Once a child stops receiving workers compensation benefits their share of the benefit should begin to accrue to the remaining dependents.
Three classes of dependents under work comp laws
There are three classes of “dependents” who can receive benefits under the work comp laws.
If you are dependent on an employee who has died in a work-related accident, you may also qualify for benefits even if you are not the employee’s child. The rules on who is a dependent of the deceased is determined by the facts of each case.
Contact a qualified workers compensation attorney for free advice
Give the attorneys at Klezmer Maudlin a call to see if you qualify as a dependent and whether an attorney may be able to help you with your claim. The call is free and so is our advice.