Question:

What is workmen compensation after someone's death to the dependent?

by  |  earlier

0 LIKES UnLike

What is workmen compensation after someone's death to the dependent?

 Tags:

   Report

3 ANSWERS


  1. When somebody dies at work because of work the money will go to the widow/er and the children, if any.  This is depending if the claim is compensable.

    Some states are different with fatality laws.  For example if spouse remains they'll get the money for the rest of their lives unless they re-marry.  Some states such as Hawaii is based on 7 years at the maximum average weekly wage.

    If the couple is not married, divorced and there are no children the state will most likely put the money to the state fund for apportionment purposes, meaning no money is owed to anybody in the family, including significant others.


  2. It's dependent on state law. Generally, it's going to be survivor benefits, consisting of lost (net) wages until the deceased would have been of retirement age, usually 65.  But some states limit it to three years.  

    Usually it's only paid to the spouse, or surviving children.  Occasionally it will go to a parent or sibling.  It's NOT paid to a "significant other".

  3. State law will prevail.

    You may wish to re-post this question in the Law & Ethics section.  Those people can include lawyers.

    Please let the people who wish to answer know if the death was because of an accident on-the-job.  The way you have it worded, the recipient could have been receiving payments then passed away.

    If this is not the case, then you have a case.

    In other words, a lawyer that specializes in wrongful death cases and other such things, could file a claim against the employer.  This may provide for damages to, and including, punative damages.

    You could retire.

    I am not licensed in your state (probably).  So I cannot offer too much more advice.  

    You may have a detailed question, and wish it to be answered without creating a pratitioner / client relationship.  If so, my site is www.EndlessLegacy.US

    You may ask a question through the site so the private information is not broadcast to the Internet world.

    Fair enough?

Question Stats

Latest activity: earlier.
This question has 3 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.