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Illinois Workers’ Compensation Death Benefits

Posted on in Workers' Compensation

IL injury lawyerOne of the most traumatic things a family can go through is the loss of a family member through a workplace accident. Not only are you grieving for your loved one, you might be worried about your family’s financial future. Many American families sustain their standard of living by having two incomes. With the loss of one income, your family could be facing financial hardship. The Illinois Workers’ Compensation Act allows the spouses and children of the worker to collect death benefits of a deceased loved one who was killed on the job.

Who Can Receive Death Benefits?

When a worker is killed on the job, their surviving spouse and children who are under the age of 18 are entitled to death benefits. These are called primary beneficiaries. If there are no primary beneficiaries that exist, then the benefits can be paid to totally dependent parents of the deceased worker. If totally dependent parents do not exist, benefits can be paid to anyone who was at least 50 percent dependent on the worker before his or her death.

Even if a surviving spouse remarries, the children of the deceased and the surviving spouse continue to receive benefits. If there were no dependent children and the surviving spouse is getting remarried, the spouse is entitled to a final lump sum payment that is equal to two years of compensation and no more benefits will be given.

How the Survivor’s Benefit Amount Is Calculated

The Illinois Workers’ Compensation Commission is the entity responsible for all workers’ compensation claims that are made in the state of Illinois. The Commission calculates the amounts that workers receive for their claims, including death benefits. The death benefit is calculated by taking taking the average of the employee’s gross weekly wage for the 52 weeks prior to their death. The benefit is two-thirds of their average gross weekly wage and is subject to minimum and maximum limits, as set by the Commission. As of July 6, the maximum benefit to be paid is $1,463.80 and the minimum benefit is $548.93. Death benefits are paid to the beneficiaries for 25 years, or up to $500,000, whichever is greater.

Get Representation from a Bloomingdale Workers’ Compensation Attorney

If you have lost a loved one due to a work accident, you are probably feeling the emotional turmoil that comes with grieving the loss of a family member. The last thing you need is to worry about your financial situation, which is why you should seek the help of an experienced Glendale Heights workers’ compensation attorney. Contact the Law Offices of David W. Clark, P.C. to get help with your workers’ compensation case. Call the office at 630-665-5678 to set up a consultation.




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