DEATH OF INJURED WORKER WHILE CLAIM IS STILL OPEN

DEATH OF INJURED WORKER WHILE CLAIM IS STILL OPEN

by Attorney Chad Snow, Partner

Snow, Carpio & Weekley

We've had several cases lately where our clients have passed away for a variety of reason, some related to their injuries and others unrelated.  The question then becomes – what happens to that claim?  Will the family get any benefits after the death of the injured worker?

Since the only compensation in a workers comp claim is for lost wages, compensation usually terminates with the death of the injured worker – the worker can’t work if he is dead so there are no lost wages.

However, if the death was caused or contributed to by the industrial injury, the survivors of the deceased worker can get ongoing compensation benefits for a percentage of what the worker would have been able to earn but for the injury.

In many cases, the relationship between the industrial injury and the death is not clear.  In these cases, a workers compensation attorney usually takes the case to court to prove medical causation – that the death was at least partially related to the injury or the work.  Surviving spouses, children, and other dependents can get a percentage of the deceased worker’s average monthly wage until age 18 for minors, and until death for surviving unmarried spouses.

You should always consult with a workers’ compensation attorney with any questions about survivors benefits.


If you or someone you know has been injured on the job or has a medical condition that prevents them from working for 12 months or longer, call Snow, Carpio & Weekley on our toll-free number at 855-325-4781 for a free consultation in person or over the phone, or visit our website at www.workinjuryaz.com.