Virginia’s workers’ compensation system provides benefits to the surviving family members of an employee who dies due to a work injury or an occupational illness. If your loved one passed away due to a work-related injury or illness, you may be entitled to collect workers’ compensation death benefits.
The workers’ compensation attorneys at the law firm of Marks & Harrison can help you and your family understand your rights and pursue a claim for the death benefits you need. Since 1911, three generations of our firm’s attorneys have represented injury victims and their families across Virginia. Our team includes 26 attorneys and more than 100 support staff, so you can trust that we have the resources needed to advocate aggressively for your family’s rights and interests.
If you have lost a family member due to a work injury or occupational illness in Virginia, learn more about your legal rights and options for recovering death benefits from the workers’ compensation system. Contact us today to talk to a knowledgeable worker’s compensation attorney in a free initial case review.
What Death Benefits Are Available in a Workers’ Compensation Case?
Under Virginia’s workers’ compensation law, benefits that can be paid in the event of an employee’s death from a work injury or occupational illness include:
- Funeral expenses and burial expenses
- Assistance with transportation costs for the deceased worker
- Financial payments to the surviving dependents of the deceased worker
The financial benefits to surviving dependents equal two-thirds of the deceased worker’s average weekly wage, calculated from the 52 weeks of pay before the worker’s date of injury. However, financial benefits are subject to a cap of 100 percent of the average weekly wage in the Commonwealth of Virginia. In addition, financial payments under workers’ compensation death benefits must equal at least 25 percent of the average weekly wage in Virginia.
Surviving spouses and certain surviving children can receive financial payments for 500 weeks from the date of the injury.
If a worker leaves no surviving spouse or eligible children, then the worker’s surviving parent or parents in destitute circumstances may receive financial benefits for 400 weeks. Other surviving family members who were totally dependent on the worker at the date of injury may also be eligible to receive financial payments for 400 weeks from the DUI.
If a worker had no totally dependent surviving family, then any surviving family members who were partially dependent on the worker can receive financial payments for 400 weeks.
The financial benefit payment is divided equally among all surviving family members eligible to collect.
Who Receives Death Benefits in a Successful Virginia Workers’ Comp Claim?
When determining who will receive death benefits in a workers’ compensation claim, Virginia’s workers’ compensation law gives priority to a surviving spouse and fully dependent children of a deceased worker, including minor children, children under age 23 enrolled in a full-time educational program, or physically or mentally incapacitated children of any age.
If a worker has no surviving spouse or dependent children, surviving parents in destitute circumstances and any surviving family totally dependent on the worker at the time of their death can receive workers’ compensation death benefits.
Finally, if a worker had no one totally dependent on them, then any surviving family members or individuals partially dependent on the worker at the time of their death can receive the benefits.
What Are the Steps in Recovering Death Benefits?
Steps the surviving family can take to recover death benefits from workers’ compensation in Virginia include the following:
First, you must establish that the deceased worker was entitled to workers’ compensation. If the worker was already receiving workers’ comp benefits for an injury or illness that is later determined to be their cause of death, you could easily show that your family is entitled to death benefits. In addition, Virginia’s worker’s compensation law provides a statutory presumption of compensability for a worker’s death when they die at their place of work with no evidence supporting a plausible non-compensable cause for the worker’s death. The law also provides statutory presumptions for certain categories of workers who die from certain kinds of illnesses.- If you need evidence to prove that a work injury or occupational illness caused your loved one’s death, you should also collect copies of their medical care records from the treatment of their fatal injury or illness.
- Also, keep copies of bills and invoices for funeral and burial expenses, as well as copies of your loved one’s pay stubs or income records.
- Talk to a workers’ compensation attorney about the next steps to take to recover workers’ comp death benefits, including timely notifying your loved one’s employer and filing a formal workers’ compensation claim.
How Can an Attorney Help You Recover Virginia Death Benefits?
If you believe your family may be entitled to death benefits after losing a loved one due to a work injury or occupational illness, an attorney from Marks & Harrison can help you by:
- Investigating the circumstances of your loved one’s passing to secure evidence that may be needed to prove that your loved one’s death was due to injuries or illness that arose in the course and scope of their employment.
- Explaining your legal rights and options to you and your family, including whether you may be entitled to pursue a third-party personal injury claim in addition to seeking death benefits from workers’
- Timely filing your family’s claim for death benefits.
- Representing you in negotiations with your loved one’s employer and at hearings in a formal workers’ comp claim with the commonwealth.
Can I Get Help with Funeral and Burial Expenses Under Virginia Workers’ Compensation Law?
Families of workers who pass away due to work-related injuries or illnesses may be able to receive financial assistance from workers’ compensation for funeral and burial expenses. In particular, families can receive up to $10,000 for funeral and burial expenses, as well as up to $1,000 in reimbursement for reasonable transportation expenses.
Contact a Virginia Workers’ Compensation Attorney
When a loved one dies due to a work-related accident or an occupational illness, you and your family may be entitled to receive death benefits under Virginia’s Workers’ Compensation Act. Contact Marks & Harrison today for a free, no-obligation consultation to talk to a Virginia workers’ compensation lawyer about how we can help your family pursue the financial benefits you need.
