Losing a loved one because of a workplace accident is a tragedy that can leave your family reeling emotionally and financially. To help ease the burden you are facing, a death benefit lawyer in Chicago can help you determine your options and how much you can recover. While it cannot take away your grief, death benefits can provide peace of mind as you move forward.
Therman Law has over 75 years of combined experience helping families of deceased workers recover death benefits. We understand the pain you are feeling and how overwhelming legal action can seem.
With the help of a Chicago workers’ compensation lawyer, you can be confident that you will receive the attention you deserve and will recover maximum compensation.
Therman Law Prioritizes Your Needs When Pursuing Death Benefits in Chicago
When you are grieving the loss of your loved one, you need someone who can help you handle the logistics of a death benefits claim and act as your voice during this difficult time.
Therman Law provides you with compassionate and knowledgeable support and counsel so you can receive compensation as soon as possible after the loss of your loved one.
Your well-being is important to us, and we are committed to securing the outcome you need. We prioritize your case and fiercely fight for you.
Our Chicago personal injury lawyers also make sure that you are treated fairly and don’t experience unnecessary delays after you’ve submitted your claim. We streamline your application and negotiate fair death benefits.
Types of Accidents That May Result in a Workplace Death
Accidents happen all the time in the workplace and cause serious injuries. However, some are serious enough that they result in death. Depending on the accident, a worker may be killed instantly, or they may die due to their injuries or complications.
Some of the most common types of workplace accidents that can result in death include:
- Slip, trip, and fall accidents
- Vehicle collisions
- Chemical exposure
- Crushing injuries
- Struck by accidents
- Electrocution
- Burn injuries
- Work-related illnesses
- Workplace violence
Any of these scenarios can result in fatalities if they’re severe enough. Because workers’ compensation is a no-fault system, families cannot sue their loved one’s employer for a wrongful death. However, workers’ compensation provides compensation more quickly and allows surviving family members to pursue a claim right away.
Parties Who are Eligible to Recover Death Benefits in Chicago
When an employee is killed on the job, workers’ compensation provides death benefits for surviving family members. Death benefits are designed to help make up for the financial losses that a family may sustain after the worker’s death. However, only certain family members can recover death benefits after a worker has been killed on the job.
In Illinois, spouses and minor children can primarily file a claim for workers’ compensation death benefits, according to 820 ILCS 305/7.
Spouses of the deceased individual may recover death benefits for life, and children may receive benefits until they turn 18. If the decedent does not leave behind a spouse or minor children, then parents, grandparents, or grandchildren may receive benefits for a finite period.
Talking to a lawyer can help determine whether or not you are eligible to file a claim after the death of a loved one. If you are eligible, your lawyer will help make sure that your claim is properly prepared and submitted so you can recover death benefits swiftly and without issues. They will also help you calculate how much you can recover, so your benefits are not shortchanged.
Death Benefits That Can Be Recovered in Chicago
Death benefits are designed to cover very specific losses to ease the stress that comes from unexpected expenses after the death of a family member.
To help with initial costs, workers’ compensation generally covers a maximum of $8,000 in burial expenses for the deceased. This can help alleviate the stress and offset the costs associated with these unexpected events.
Additionally, surviving family members can receive regular payments to make up for the deceased’s lost income. This is generally determined by calculating the average weekly wage of the deceased for the previous year and then establishing how much two-thirds of that amount is. This is how much families can recover in benefits.
Because every case is different, there may be some variables and exceptions that may apply, so it’s important to consult a lawyer.
They can help make sure that all factors are considered and that benefit calculations are accurate. They will also negotiate on your behalf if necessary to make sure that you receive everything you are entitled to recover.
How to Apply for Death Benefits in Chicago, Illinois
If your loved one has died because of a workplace accident, you will need to file a claim to receive death benefits. Surviving family members should notify the decedent’s employer about the employee’s death. They should then initiate the claim process by filling out the appropriate death benefits forms and submitting them along with evidence.
Once submitted, the Illinois Workers’ Compensation Commission (IWCC) will review and process your claim for death benefits. They will request additional information as needed, and schedule any necessary hearings that may be needed to fully resolve your request or resolve disputes. They will also calculate your benefit amount and the duration of payments.
A Chicago death benefit attorney can guide you through this process and advocate for you. It can be stressful and confusing dealing with insurance companies to get your benefits, and your lawyer knows how to communicate with these parties and make sure that they don’t try to pay you less than what you deserve in order to protect their bottom line.
Therman Law Helps Families of Deceased Workers
Therman Law helps your family navigate the tragic death of your loved one. We provide compassionate support and advocacy as we guide you through the process to recover death benefits through workers’ compensation.
Our team ensures that all steps are completed, and we negotiate on your behalf. To get started, contact a death benefit attorney in Chicago today to schedule your free consultation.