Workers’ Comp Death Benefits

Nobody ever wants to imagine their loved one dying due to a work-related illness or injury. Whether it’s a spouse, parent or child, something like this is devastating and life altering. There are certain jobs that do involve a certain level of danger and risk. There are also situations where someone works in a relatively safe workplace, but is subjected to an accident that proves to be fatal.

In Idaho, when a family member suffers a death due to a work-related injury or illness, his dependent family members are eligible for benefits. These benefits are caused death benefits or dependency benefits. Eligibility and entitlement depend on the circumstances of the case.

Who is Entitled to Workers’ Comp Death Benefits?

Obviously in a case like this, the person injured or harmed is no longer alive to claim his benefits. Does this mean that the claim expires with the death of the worker? Not at all. In Idaho, the following people are entitled to claim death benefits in a workers’ compensation case:

• Worker’s spouse who was living with the worker or living separately for a justifiable reason
• Children under the age of 18 (or 23 if they are a college student)
• Children of the worker of any age if they are not married and incapable of supporting themselves
• Anyone who is financially dependent on the worker

Obviously, an insurance company or the court (if applicable) will determine if an individual is indeed eligible under the law.

What are Workers’ Comp Death Benefits?

In Idaho, death benefits for a worker who has died as a result of a work-related illness or injury will be paid upon the worker’s death. These benefits include:

• Compensation based on a percentage of the worker’s wages when he was alive
• It can be no more than 60% of his total wages
• The maximum benefit for this year is $677.70 per week in Idaho

The amount and percentages of these benefits are different depending on your relationship to the deceased. However, the total amount paid (combined) cannot be more than 60%. Here is the detailed breakdown of death benefits:

• If there is a spouse and no dependent children = 45% of wages
• There is a spouse and dependent children, 45% plus 5% for each child (up to 3 kids)
• If there is no spouse, it is 30% for one child and an additional 10% for each additional child up to a total of 60%
• If the worker leaves behind a totally dependent parent, they receive 25%. However, if there are two parents who are totally dependent on the worker, they each get 20%

It is important to understand that the family member had to be dependent on the worker at the time of the accident or illness – not at the time of his or her death.

Contact a Boise Workers’ Comp Lawyer

If your family member has died as a result of a work-related injury or illness, you are going to need to focus on taking care of your family. You should contact a workers’ comp attorney in Boise to handle your case for you. You have more important things to do than deal with insurance companies and court systems.

Experienced workers’ compensation lawyers know what benefits are available to your family under Idaho law. They know how the system works and they know what proof is needed to show that you are entitled to these death benefits. Contact the office today to schedule your initial consultation. It is free and a compassionate lawyer can answer any questions you may have.