Determining Death Benefits If A Worker Dies
If a family member dies as the result of a work-related injury or an occupational disease, certain surviving dependents may be able to collect death benefits through the Ohio Bureau of Workers’ Compensation (BWC). Spouses, dependent children under the age of 18 and, in some cases, dependent children over age 18 may be able to collect compensation for funeral and medical costs, as well as lost future earnings.
If a deceased worker does not have a spouse or any dependent children, other relatives may qualify for benefits in some cases. The Law Offices of Charles W. Kranstuber, LPA, in Columbus can protect your interests in these cases and maximize the amount you recover.
If a work-related death occurs due to negligence on behalf of a third party — a fatal accident while your relative was driving for work purposes, for example — you may be able to pursue a wrongful death lawsuit in addition to death benefits from the BWC. We can provide legal guidance in this regard.
How Death Benefits Are Determined
Following a work-related death, the decedent’s estate receives a burial allowance as well as biweekly benefits. A surviving spouse or dependent children may qualify to receive two-thirds of the deceased worker’s average weekly wage up to a maximum of $862 per week in 2015. The minimum amount payable is half of that, or $431 in 2015.
A hearing officer will determine how the amount is split between a spouse and other dependents. A spouse can receive death benefits for life if he or she does not remarry. If a spouse remarries, he or she receives a lump sum equal to two years of benefits; remaining dependents continue receiving the biweekly amount.
Partially dependent relatives may be eligible to receive a lump-sum payment or biweekly benefits.
We Protect Your Rights During A Difficult Time
Attorney Charles W. Kranstuber has advocated for injured workers and the survivors of deceased workers in Ohio since 1982. He brings a thorough understanding of workers’ compensation laws, as well as a caring and sensitive approach to his work with surviving family members in death benefits cases.
When you work with Charles or Carley, you get a lawyer who emphasizes personal attention, easy accessibility and clear communication. He makes the complex easier to understand and resolves cases efficiently and cost-effectively.