Huntington
Workers’ Compensation
ATTORNEY

DELVENTHAL LAW

WE CAN HELP YOU THROUGH YOUR WORKERS’ COMPENSATION CLAIM

Workplace injuries can be devastating. In the most tragic cases, a workplace accident can result in death. For surviving family members, the tragedy can be difficult to navigate emotionally, as well as logistically. At the Delventhal Law Office, our Huntington workers’ compensation lawyer can help your family if you’ve just lost a loved one in a workplace accident. Please call our law firm today for the support and guidance you need and deserve.

Death Benefits in a Workers’ Compensation Claim

When a worker is killed in a workplace accident, their benefits are paid to surviving family members who are classified as dependents. There are different categories of dependents in Indiana, including presumptive dependents, such as a spouse, unmarried children under the age of 21, and children over 21 who have a mental or physical handicap; and dependents-in-fact, which are any individuals who are related by blood or marriage who are either totally or partially dependent on the decedent.

Types of benefits

Types of benefits that will be paid to dependents in a workers’ compensation case that results in death include:

While high-risk injuries include:

• Lost wage benefits at a rate of 66 ⅔ percent of the deceased worker’s average weekly wages before the accident, which are paid for a total of 500 weeks;
• Any medical costs incurred prior to death, such as the cost of a hospital stay between when the injury occurred and when the injury resulted in death; and
• Funeral and burial expenses up to $7,500.

Statute of Limitations on Workers’ Compensation Claims

Taking action to file a claim after losing a loved one in a workplace accident can feel impossible – you may feel paralyzed by the trauma. Our lawyers understand what you’re going through and the grief you are experiencing – we are here to help.

We understand that it’s difficult to take action after the death of a family member; however, failing to act quickly can jeopardize your claim. The Indiana workers’ compensation statute of limitations only provides you two years from the date of death to bring forth a claim or file an application for adjustment of claim.

How a Huntington Workers’ Compensation Lawyer Can Help

Our lawyers believe that you should be compensated in full when you lose a loved one in a workplace accident. While you do not need to prove fault under the workers’ compensation system, it is possible that your claim could be denied or lowballed. When you work with a Huntington workers’ compensation lawyer, you’ll improve your chances of recovering the benefit amount you deserve. Our lawyers will file your claim on your behalf, ensure you meet all requirements for filing a claim, review and negotiate your settlement, represent you in litigation (if necessary), and more.

To schedule a free, no-obligation consultation with our law firm, please call the Delventhal Law Office directly today at (260) 484-6655 or send us a message telling us more about how we can help you. We can get started on your case immediately.