Workers’ compensation exists to replace injury lawsuits with benefits paid out by an employer’s insurance. If a workplace injury puts someone out of work or leaves them with a disability, workers’ compensation can cover medical expenses and replace income based on their diminished ability to earn for themselves.
If a workplace accident takes a worker’s life, workers’ compensation can be available to that worker’s dependents, such as family members. A workers’ compensation attorney can help explain benefits based on fatal accidents and filing a dependent workers’ compensation claim in Van Nuys.
In the wake of an accident, the loved ones of the deceased worker can qualify for workers’ compensation benefits. If they are dependent on the deceased workers’ income and other benefits from their employment, then they may be able to receive payments.
Family members who are eligible dependents can include:
An eligible dependent will need to establish their dependency on the deceased worker unless they are a minor, an adult unable to earn income because of incapacitation, or a spouse who does not earn enough each year. These people are considered total dependents automatically, though other family members will need to show their dependency.
Dependency may be partial for those with other income sources outside of the deceased worker’s employment. A partial dependent can still be eligible for benefits but in smaller amounts.
Fatal accidents in Van Nuys can leave workers’ families without support unless the deceased’s family members file dependent claims through workers’ compensation. Navigating the process, however, can be difficult without the help of an experienced attorney.
An attorney can tell you whether or not you and your family can qualify for dependent benefits from workers’ compensation and help you file your claim.
An employer or insurer might try to delay, deny, or reduce benefits by claiming that the accident was outside of the worker’s job or that dependency does not exist. Your attorney can push back against these attempts with evidence of what happened and documentation of your family’s situation.
An attorney can also make sure you have an idea of what to expect from benefits based on your circumstances, as well as ensure that you file within the required period. Dependents need to file their claim within a year of death in order to get the benefits to which they are entitled, and a Van Nuys lawyer can help you gather what you need for filing your workers’ compensation claim after a fatal accident.
Losing a loved one is never easy, and you and your family will need to take the time to grieve. In the aftermath of their death, you should consider seeking benefits through the workers’ compensation system as a dependent.
Having an attorney who can handle fatal accidents and filing a dependent workers’ compensation claim in Van Nuys can help you get the benefits you need and support your family moving forward. Lawyers well-versed in workers’ compensation from Glauber Berenson Vego can assist with your claim. Call us today to learn more.
