Construction workers have one of the most dangerous occupations in America. This essential job comes with a host of risks, including falls from heights, heavy equipment, and toxic chemicals. Unfortunately, accidents sometimes result in fatalities, leaving families with questions and a need for financial assistance.
Under state law, survivors of Glendale fatal construction accident victims can file dependent workers’ compensation claims if they can show they qualify as dependents and the fatality met the requirements for an on-the-job injury. An experienced construction and manufacturing workplace injury attorney from Glauber Berenson Vego can help families through this difficult time and give you the legal support you need.
In a fatal construction accident workers’ compensation claim in Glendale, some survivors are automatic or “presumed” dependents. These individuals do not have to prove they relied on the victim for financial support. Presumed dependents include:
Partial dependents must prove they relied on the decedent for at least half their financial support. These individuals include:
Partial dependents must show a consistent pattern of support and reliance on the decedent. A single instance of the decedent helping with rent or bills is not sufficient.
Dependents receive death benefits for funeral costs and dependency payments calculated at two-thirds of the decedents average earnings. The total payment is subject to a total cap, except in the case of minor or disabled children. The minimum weekly payment is $224.
In general, funeral benefits are $10,000, and dependency payments are capped at $250,000 for a single dependent. For a minor child, payments continue through the child’s 18th birthday, and disabled children receive lifetime payments. Calculating payments for total and partial dependents in a single household is complicated, and families should contact a Glendale fatal construction accident attorney for assistance.
After the death of a loved one, families may not know their legal options when filing a workers’ compensation claim. Partial dependents must show that they have relied upon the decedent for at least half their support, and may need legal assistance when assembling their documents for their claim.
Following a Glendale fatal construction accident, the attorneys at Glauber Berenson Vego can assist you and your family with gathering tax returns, school records, copies of shared bills and bank statements, and other paperwork that tends to show that household members were dependent on the decedent for support. Sworn testimony from other individuals can bolster your claim that these individuals are entitled to death benefits by law.
Death benefit claims are complicated and must be filed within a certain time period for the state to accept them. Family members may have other things on their mind and lack the legal knowledge to deal with complex paperwork and government agencies.
The knowledgeable lawyers at Glauber Berenson Vego can help you through this difficult time and give you sound legal advice on managing your claim. When you speak with an attorney at our office, we take the time to explain Glendale fatal construction accidents and answer all your questions. Call today for a free and confidential case review.
