‘Death Benefits’ in Illinois Workers’ Compensation Cases

Categories: Illinois Workers’ Compensation Law. | March 27, 2024

When someone dies from a work injury in Illinois, there are special benefits available to those that depended on the deceased worker for financial support. Under Illinois Law, death benefits are payable to those that depended on the deceased worker for financial support. These benefits are based on the relationship to the deceased worker and the amount of financial support the deceased worker gave them.

Benefits may be paid out to certain people related to the deceased worker:

– A spouse
– Children who are under the age of 18
– Children who are under 25 who are full-time students
– Children of any age who are physically or mentally incapacitated: The benefits will continue to be paid for as long as the condition persists.

In the state of Illinois, these death benefits are allocated through weekly payments. An eligible dependent can receive up to two-thirds of the deceased worker’s average weekly wage. The minimum and maximum amounts that can be paid out are established by the state each year. Benefit payments end after $500,000 is paid out or after 25 years. Workers’ compensation death benefits may also be used for funeral expenses up to $8,000.

Filing a workers’ compensation claim for death benefits after losing a loved one can be a frustrating experience. Our attorneys are dedicated to helping clients obtain maximum compensation for work fatalities, including workers’ compensation death benefits and personal injury damages in a third-party lawsuit. It is critical that the insurance company determines the proper payments and calculates the qualifying period correctly to ensure you receive all the compensation you are allowed.

If you have lost a loved one in a work accident, give our law firm, Krol, Bongiorno & Given a call today. We offer free consultations and advice on how to proceed with a claim. We have handled well over 30,000 claims for injured workers and have consistently generated some of the largest settlements and awards at the Illinois Workers’ Compensation Commission. To learn more about how we can help you, please call (312) 726-5567 for a consultation or contact us online.