What to Do If Your Loved One Passes Away Related to A Work Injury

These claims come up in two different scenarios. The first is more obvious. The injured person dies as a direct result of a traumatic event at work. That person’s dependents have a worker’s compensation dependency claim. The second scenario is a little less obvious and occurs when the worker dies later, as a consequence of the original work injury. These are consequential death claims and are compensability under the worker’s compensation system. These claims may be overlooked by grieving loved ones.

What do we mean by consequential death claims? These situations arise when the death is the result of the original non-life-threatening injury; or a result of the treatment for the underlying workers compensation injury. The most common example of this is a subsequent injury related to the underlying disability caused by a work injury. For example, an injured worker sustains a low back injury resulting in leg weakness and numbness. Workers’ compensation pays for the claim, but the medical care is unable to restore the leg to normal functioning. The worker’s leg gives out every once and a while, due to his weakness. The injured worker eventually falls and dies at home due to his leg giving out. This is a compensable consequential death claim.

Another example is when the death was caused by medical treatment undertaken to cure or relieve the effects of a work injury. So take the above example of the back injury with leg weakness. Suppose the injured worker undergoes a back surgery to relieve the back pain and leg dysfunction. If he dies during the surgery, or due to the anesthesia, that is another compensable consequential death claim. Another type of compensable claim is a car accident on the way to medical treatment for the underlying work injury.

The initial days following the death are important. You will want to make sure the worker’s doctors document how or why the death may be related to the work injury. You may want to consider requesting an autopsy to determine the cause of death.

Although rare, this situation can leave families with important questions about their financial future.

At Atkinson Gerber Law Firm, we understand the challenges of such circumstances and are dedicated to providing practical support and guidance to help you through this difficult scenario. Our team of experienced Minnesota workers comp attorneys is here to offer calm and confident assistance, ensuring that your loved one’s rights and benefits are fully protected.

If you need immediate help or have questions about a workers’ compensation claim in Minnesota, don’t hesitate to reach out to us. Contact Atkinson Gerber Law Firm at 651-333-3636 for a free consultation. Our dedicated team is ready to provide the clarity and support you need during this challenging time.

Understanding Workers’ Compensation and Receiving Money

Workers’ compensation is a type of insurance that offers wage replacement and medical benefits to employees injured on the job. The system is designed to ensure that injured workers get the necessary medical treatment and financial support during their recovery. Once a workers’ compensation claim is approved, the injured employee is entitled to receive benefits, including coverage for medical expenses, rehabilitation services, and wage loss benefits.

Receiving your workers’ compensation award generally involves regular payments made by the workers’ compensation insurer. These payments are usually issued on a weekly or bi-weekly basis, depending on the settlement terms and state regulations. In some cases, a lump-sum settlement may be negotiated, providing the injured worker with a one-time payment to cover future medical costs and lost wages.

Steps to Take Immediately After a Worker’s Death

The first actions you take after a worker’s death are important for successfully claiming workers’ compensation death benefits. Dependents need to actively submit a claim for these benefits, as neither the state nor the employer will start this process on their own.

Family members should seek help from a workers’ compensation attorney to check if they qualify for benefits and understand the necessary steps. Attorneys can help gather the required paperwork and evidence to support the workers’ compensation insurance claims process with a workers’ compensation insurer.

Would a Worker Receive More Money from Workers’ Compensation if They Passed Away?

The unfortunate passing of a worker can significantly impact the workers’ compensation claim, but it does not necessarily result in additional money being awarded. Workers’ compensation benefits are primarily designed to provide financial support to the injured worker during their recovery. However, in the event of the worker’s death, these benefits are redirected to eligible dependents, such as spouses, children, or other family members who rely on the worker’s income.

The amount of compensation remains consistent with what the deceased worker was entitled to receive, covering aspects like wage loss benefits, medical expenses, and any outstanding payments. Additionally, death benefits may be provided to cover funeral and burial expenses, ensuring that the family does not bear these costs.

It is important to note that these benefits are not intended to increase the total compensation amount but rather to ensure that the deceased worker’s dependents receive the financial support they need during this difficult time.

Who Can Receive Workers’ Compensation Death Benefits?

Eligibility for workers’ compensation death benefits in Minnesota is determined by the relationship and financial dependency of the claimant on the deceased worker. Individuals related by blood or marriage may be deemed dependents eligible for benefits. Dependents must provide documentation to receive benefits, including proof of relationship and dependency on the deceased.

Compensation for surviving spouses varies based on the presence of dependent children and can extend for up to ten years. Benefits for spouses may also involve consideration of how dependency is apportioned among surviving dependents.

Non-Work-Related Death and Its Effect on Claims

When a worker’s death is determined to be unrelated to their workplace injury or illness, the impact on their workers’ compensation claim can vary. Workers’ compensation benefits may cease if the employee’s death is unrelated to their workplace injuries.

Employers’ workers’ compensation insurers may contest claims made after a non-work-related death, arguing that benefits should not continue. However, certain benefits from a workers’ compensation claim can continue even after a non-work-related death, depending on the circumstances. The cessation of benefits can place additional financial strain on families already dealing with the loss of a loved one.

Immediate Impact on Your Workers’ Compensation Claim

The sudden loss of a loved one due to a work-related injury or illness can be devastating, both emotionally and financially. Such a loss brings immense emotional stress and significant financial strain, complicating the workers’ compensation claims process for the injured worker.

This process can be complex and requires a clear understanding of the Workers’ Compensation Act, the claims process, and available benefits. Guidance from a workers’ compensation lawyer from Atkinson Gerber can help families navigate this period and secure entitled compensation.

Important Deadlines and Legal Requirements

Meeting important deadlines and understanding legal requirements are key to successfully claiming workers’ compensation death benefits. In Minnesota, you generally have three years from the date of the injury or death, or six years from the date of the injury if no benefits have been paid, to file a workers’ compensation claim. This is highly fact-specific in death cases. This means it’s important to act quickly to avoid missing out on benefits.

Timely submission of required forms ensures the proper processing of death benefit claims linked to workers’ compensation. Attorneys can provide guidance on the legal requirements for filing claims and deadlines that must be met.

How a Minnesota Workers’ Comp Attorney Can Help

Dealing with the workers’ compensation claims process can be overwhelming, especially after the loss of a loved one. At Atkinson Gerber Law Firm, we are here to provide compassionate and knowledgeable legal guidance, ensuring families fully understand their rights and the benefits they are entitled to receive.

Personalized Legal Counsel

We offer 24/7 live support to assist families through the claims process, making sure they have access to help whenever needed. If visiting the office is not possible due to injury, we can arrange home or hospital consultations for your convenience. Our attorneys are committed to providing personalized legal counsel and ensuring that each client receives the attention they deserve.

Extensive Experience and Advocacy

With over 50 years of combined experience, our worker’s comp lawyers bring a wealth of knowledge to each case. We understand the challenges families face after the death of a loved one and are dedicated to advocating for your best interests. From gathering the necessary paperwork and medical records to negotiating with the workers’ compensation insurance company, we handle every aspect of your claim with diligence and care.

Maximizing Compensation for Families

Our firm is committed to securing the maximum compensation possible for families, focusing on the workers’ compensation benefits earned by the deceased before their passing. We carefully assess each case to identify all potential entitlements, including wage loss benefits, burial expenses, and any outstanding medical bills. By ensuring all necessary evidence is gathered, we strive to secure fair compensation for the families of deceased workers, providing financial support during this difficult time.

Free Consultations and Ongoing Support

At Atkinson Gerber Law Firm, we believe in making legal assistance accessible. We offer free initial consultations and are available 24/7 to help families navigate the workers’ compensation claims process. Our goal is to provide clarity, peace of mind, and the legal support necessary to secure the benefits your family deserves. Call us today at 651-333-3636.

Additional Resources

What Are the Most Common Workplace Injuries Covered by Minnesota Workers’ Comp Laws?
Life-Threatening Hazards Are Common in Factories
What Are The Most Dangerous Jobs in Minnesota?