Hyattsville, MD Workers' Comp Death Benefits Attorney

Respected Lawyer for Dependent Claims Following Fatal Work Injuries in Hyattsville, Maryland

Losing a loved one in a workplace accident can be a devastating experience. In addition to emotional anguish, family members may experience financial hardship due to the loss of the income the person earned. In Maryland, workers' compensation provides death benefits to the surviving dependents of employees who are fatally injured while working. These benefits can help families maintain financial stability during a difficult time.

Understanding how death benefits are handled in workers' comp claims is not always easy. Family members will need to make sure they take the correct steps to secure the benefits they deserve. At Kisner Law, we help families understand their rights, and we provide the aggressive legal representation needed to receive financial assistance after the tragic loss of a loved one. Our compassionate lawyer will provide knowledgeable, experienced legal help to make sure all issues related to workers' compensation benefits are handled correctly.

Who Is Eligible to Receive Death Benefits?

The dependents of a person killed in a workplace accident or due to work-related injuries will typically be able to receive death benefits. These dependents may include the worker's spouse, their minor children, or other family members who relied on the financial support the deceased person provided. A spouse and children will usually be able to receive long-term benefits, but there are limits on the amounts that may be paid to other dependents.

How Death Benefits Are Calculated

The amount of workers' compensation death benefits is based on a percentage of the deceased worker's average weekly wage when the fatal accident occurred and the total income earned by a family. The worker's percentage of family income is determined by dividing their income by the total income earned by all members of their family. Benefits are calculated by multiplying the person's average weekly wage by 66⅔% and then multiplying the resulting figure by the worker's percentage of family income. The amount of benefits calculated using this formula will be the total amount that may be paid to all eligible dependents.

Duration of Death Benefits

In general, death benefits will be paid for a minimum of five years and a maximum of 12 years. Benefits will terminate on the date that the deceased employee would have reached the age of 70, as long as benefits have been paid for a minimum of five years. If a spouse remarries, they will continue receiving death benefits for two years after the date of their marriage. Children will be able to receive death benefits until they reach the age of 18, but they may continue receiving benefits for up to five years after turning 18 if they are attending school full-time.

Funeral and Burial Benefits

In addition to ongoing wage replacement benefits, workers' compensation also provides a family with reimbursement of funeral and burial expenses following a fatal workplace accident. The total amount of funeral benefits that a family can receive is $7,000. These benefits can help families address the immediate financial burdens related to a person's death.

How Kisner Law Helps Families After a Fatal Workplace Accident

Filing workers' compensation claims while grieving the loss of a family member can be difficult. Attorney Kisner can provide compassionate and thorough legal representation to families in these situations. He can help with:

• Filing death benefit claims with workers' compensation insurers or the Maryland Workers' Compensation Commission
• Identifying all beneficiaries and determining their eligibility for death benefits
• Calculating the correct average weekly wage and family income to ensure that the correct benefits will be paid
• Appealing claims that have been denied or attempts by insurers to reduce the amount of benefits paid to family members
• Ensuring that workers' compensation benefits will cover funeral and burial expenses

Contact Our Hyattsville Workers' Compensation Death and Dependent Claims Lawyer

When a loved one has been killed in a workplace accident, Kisner Law can help family members obtain the benefits they deserve through workers' compensation. We understand the emotional and financial impact that a tragic loss can have on a family, and can provide the representation needed to resolve claims successfully. Contact our firm by calling 240-459-0097 to set up a free consultation.