Losing a loved one in a workplace accident is overwhelming. In Illinois, the Workers’ Compensation Act is designed to provide financial stability for families after a work-related death. Understanding how these benefits work is important, but navigating the system while grieving can be difficult.

To receive death benefits, the worker’s death must arise out of and occur in the course of employment. Illinois operates under a no-fault system. This means families do not need to prove employer negligence. The key issue is whether the injury, illness, or exposure that caused the death was job-related.

Eligible dependents generally include:

– A surviving spouse
– Children under the age of 18
– Full-time students under the age of 25
– Children of any age who are physically or mentally disabled
– Other individuals, such as parents or siblings, who can prove they were financially dependent on the worker

Illinois law provides weekly death benefits equal to two-thirds of the employee’s Average Weekly Wage (AWW), subject to minimum and maximum limits set each year by the Illinois Workers’ Compensation Commission. These benefits are payable for up to 25 years or until a total of $500,000 has been paid, whichever occurs first.

Common disputes families face

While the system is designed to protect families, insurance carriers often challenge claims. Disputes may involve:

– Whether the death was truly work-related
– Whether the incident occurred within the scope of employment
– The correct calculation of the worker’s average weekly wage
– The dependency status of certain family members

Occupational illness cases, construction accidents, transportation incidents, and multi-employer job sites are especially likely to involve complex legal and factual issues.

When a third-party claim may apply

Workers’ compensation is not always the only legal option. If someone other than the employer contributed to the fatal incident, the family may have a separate third-party wrongful death or personal injury claim.

Examples include:

– Motor vehicle accidents caused by another driver
– Defective machinery or equipment
– Negligent subcontractors or property owners

A third-party case may allow recovery for damages not available under workers’ compensation, such as the full value of lost future income and loss of companionship. These claims must be handled carefully because workers’ compensation lien rights may apply.

Death benefit claims are handled through the Illinois Workers’ Compensation Commission and require precise documentation, wage analysis, medical evidence, and dependency proof. Early legal involvement helps protect the full value of the claim and prevents costly mistakes during the process.

At Krol, Bongiorno & Given, we have handled more than 30,000 workers’ compensation claims and have obtained some of the largest settlements and awards before the Illinois Workers’ Compensation Commission. Our attorneys guide families through every step, while also investigating whether additional third-party claims are available.

If your family has lost a loved one in a work-related accident in Illinois, contact Krol, Bongiorno & Given at (312) 726-5567 or reach out online for a confidential consultation. Our goal is simple. To secure every benefit and every legal recovery your family is entitled to under Illinois law, so you can focus on moving forward.