Families of workers who are fatally injured on the job are entitled to workers’ comp, but if there is any dispute about the liability for the injury, they may need to seek legal action against the employer. The Alberhasky Law Firm in Springfield, Missouri, covers all manner of workers’ compensation cases, and cases regarding survivor benefits are no exception. If your family has been left struggling due to an on the job injury that caused death and you need representation, we can help. Read on to learn more about survivors’ benefits cases in Missouri.
DO YOU QUALIFY?
There are three ways a person or family may qualify to receive workers’ comp for their loved one following a fatal injury:
If their death was directly caused by a work-related injury.
If their work injury caused a compensable injury and they die of causes indirectly related to the injury.
If their work injury caused a compensable permanent disability and they were treated and released from medical care for that injury, but their death was unrelated to the injury.
SHOULD YOU ACT QUICKLY?
It is important to note that if an employee suffers a fatal injury while on the job, it is the responsibility of their employer to report the incident to the Division of Worker’s Compensation within thirty days. If they do not do this, you may have further legal recourse through the Fraud and Noncompliance office of the Missouri Department of Labor.
WHAT BENEFITS ARE AVAILABLE TO YOU?
This will depend on the circumstances under which the deceased passed. If they suffered the fatal injury while working, then dependents may be entitled to weekly benefits as well as funeral cost compensations up to a certain amount.
Dependents who are seeking benefits for the death of a family member who passed after suffering a debilitating disability on the job will often get a weekly check absent extenuating circumstance, or a lump sum if the living spouse remarries. These cases can become a bit more complicated, though, and it’s best to navigate them with the help of a skilled and experienced workers’ comp lawyer who deals in survivors’ benefits.
DO YOU NEED A WORKERS’ COMP LAWYER?
If you or your family has been left struggling because of an employer’s negligence resulting in a fatal workplace injury, then you may very well be entitled to compensation. To find out whether you qualify and to make sure that the right people are held liable for your loss, contact The Alberhasky Law Firm located in Springfield, MO, today to set up a consultation. We’ll treat your case with the compassion and care that it, and you, deserve.