Workers Compensation Death Benefit Eligibility In Pennsylvania

Sadly, work-related accidents may result in serious injury, even death. In the latter case, this may considerably affect the dependents of the deceased worker over a long period of time. Some of these effects are substantially economic as a family may lose its primary, or even exclusive, source of income.

If a Pennsylvania worker dies from a work-related injury or illness in the course and scope Workers Compensation Death Benefit Eligibility In Pennsylvaniaof his employment, Pennsylvania law provides for the payment of weekly benefits and burial expenses. In a death benefit or “fatal claim” case, the claimant must prove that the employee had a work-related injury or illness that was a “substantial, contributing cause” of his or her death. This cause need not be the sole cause of the worker’s injury or illness.

The death must have occurred within 300 weeks of the work injury. If an occupational illness is the cause of death, determining which employer is responsible for the death benefit is a complex question of fact. At Powell Law, we effectively provide the necessary assistance in making this determination. Our attorneys, past and present, have represented Pennsylvania workers injured on the job for 110 years.

Dependents entitled to weekly benefits may include the following:

  • a widow or widower;
  • minor children (under the age of 18);
  • older children in certain circumstances (if the child is disabled or enrolled at an accredited university);
  • parents; and
  • siblings.

The payment of a worker’s death benefits is based upon a percentage of the deceased worker’s wage. Also, the amount that is paid is dependent upon the situation of the dependents. Typically, the more dependents of a worker, the higher percentage of his wage will be paid. This percentage may range from 20%-66.6% depending on the relationship and number of dependents. The current payment for funeral expenses under the Pennsylvania Workers’ Compensation Act is $3,000.00.

If you believe that you may be entitled to death benefits, Powell Law’s decades of experience make it the clear choice for representation in the Scranton/Wilkes-Barre area. Consult an experienced Pennsylvania workers’ compensation attorney. Contact Powell Law at (570) 961-0777. The consultation is FREE!

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