Losing a loved one due to a fatal work accident is a difficult experience. Aside from grief, you may also face a great loss of income.
In Pennsylvania, specific family members of a worker may file a workers’ compensation death benefits claim for financial relief. Familiarizing yourself with the filing process might help you navigate this challenging situation.
Review the different types of benefits available
Eligible family members can receive compensation to help them cope with their losses. This may include funeral expenses of up to $3,000 and income replacement.
For income replacement, the Pennsylvania Workers’ Compensation Act has a payout system based on the deceased’s pre-death average weekly wage (AWW). It follows a compensation rate assigned to the type of dependent. For instance, a widow without children can receive 51% of the AWW, while a widow with children can claim 60 to 66.6% of the AWW.
Note the reporting deadline
When your loved one dies due to a work accident, you must follow the deadline for filing death benefits. Generally, family members must submit within three years of the deceased’s death. Failure to do so can void your claim and prevent you from receiving compensation.
Prove the work-related accident
To reduce your chances of a denial, you need to demonstrate that your loved one’s passing was caused by their work conditions. Consider collecting important documents such as medical records, employee files and death certificates in your report.
Overcome filing challenges
Unfortunately, you could face disputes from your loved one’s employer or their insurance company. They may refute your claim by arguing that the death of your loved one is not work-related. A skilled workers’ compensation attorney can help build you a strong case and ensure you comply with every step of the filing process.