How Do Workers’ Compensation Death Benefits Work in Idaho?
Every employer is required to have a workers’ compensation policy to cover workers who may be injured on the job. If you are injured while at work, you are eligible to file for medical compensation. The policy also applies when an employee dies in the line of duty. That death may be caused by workplace injuries or an accident at work.
Workers’ compensation usually pays for medical costs and lost wages due to an injury. However, when a person dies, his dependents are eligible to be compensated. It is usually a pretty straightforward process, but there are times when issues may arise. That is mostly caused by the insurance provider or employer not wanting to pay the compensation. If you have any problems collecting compensation after a loved one dies, you can contact a Boise, ID attorney. He will evaluate your case and give you options on how to get what you deserve.
Who Can Collect Boise ID Workers Comp Death Benefits?
In Idaho, anyone who was dependent on the deceased for financial support can collect the benefits. That means parents, grandparents, grandchildren and even a sibling who was dependent on the dead. Those given priority when determining eligibility are:
- A spouse living with the departed. One who lived separately may be considered if there is a good reason for that.
- A child of the deceased whether biological or adopted who is under 18 years of age.
- A child of the employee who is in school and is under 23 years old.
How Much is the Benefit of Boise, ID Workers Comp?
The benefits are not given in a lump sum as with most compensation. The mechanism is the same as the workers comp for injuries. Benefits are paid monthly. The dependents are allowed to collect only a fraction of the deceased’s weekly wage. The percentages differ but they cannot be more than 60% of his payment. Idaho law has also capped the maximum amount received by the dependents at $677. That means that the family cannot receive more than that amount per week. The following is a breakdown of how much each dependent can receive as Boise ID workers comp.
A Spouse without Children
A spouse who depended on the deceased for financial support is eligible for 45% of the employee’s weekly wage. That applies to a spouse that lived with the employee and one who didn’t if there is a good reason.
A Spouse with Children
The spouse still receives 45% of the weekly earnings. There is also an additional 5% for every child for not more than three children. That is because the family cannot receive more than 60% of the earnings. As a result, the family gets the maximum benefits allowed by law.
In case the departed didn’t have a spouse or children, but his parents relied on him, they are eligible. If there is only one who entirely depended on him for support, that parent will get 25% compensation. They each get 20% of the weekly wage if there are two parents utterly reliant on him. If the parents only partially relied on the deceased, they receive a fraction of the salaries. If the employee had a spouse and children, they will get 45% and the parents will share the remaining 15%.
Grandparents, Grandchildren, and Siblings
Assuming that the deceased didn’t have children or a spouse, an entirely dependent family member gets 20%. If there are two or more fully reliant members, they will share 30% of the weekly wage. They will share 10% of the salary if they are partial dependents. If the deceased had a spouse, children, parents and other family dependents, they will share the wage. That, of course, has to be within the 60% limit.
The spouse receives the compensation until they die or remarry but not for longer than 500 weeks. Children get their benefits until they reach 18 or up to 23 years old if they are in school. The other Boise, ID family members receive benefits up to 500 weeks.
Call Boise ID Workers Comp Attorney in Case of Any Problems.
The law in Idaho is very clear about how workers comp is paid out and to whom. However, there can always be issues, and you may have to go to court. If any problem arises, call a Boise ID workers comp lawyer at Joe Frick Law PLLC for help. We will evaluate your issue and give you your best options to get justice and the benefits owed to you.