Illinois work comp benefits can survive the death of a loved one.
Workers’ compensation benefits help families to be able to survive financially when someone is injured at work. In addition to medical bills, the lost paychecks can really hurt the family members that are depending on it. So there is comfort in the fact that in many instances the workers’ compensation benefits will not end if the loved one dies, even where the death was not related to the work injury.
If a worker becomes disabled due to a work accident, then that worker should be entitled to workers’ compensation benefits which help pay the bills. When, sadly, it happens that the worker dies before the benefits have been finalized, or before the benefits have been paid, then family who depended on that support suffer a serious financial loss in addition to a personal one. The Illinois workers’ compensation system takes this into account.
After all, as one Illinois court recently pointed out, if a disabled worker’s death could end payments that would otherwise be owed to him or her, the process and therefore the payments could be delayed past the workers’ death. This would effectively use that tragic situation to trump the right to payment.
In the scenario where a disabled worker has died before receiving compensation that’s due to him or her, the estate can pursue the claim in place of the worker. If the total amount of benefits had become due and owing before the death of the worker, then regardless of whether a dependent is left who is in need of the money, it becomes part of the workers’ estate.
Where, however, benefits are being paid in installments to the worker, any payments that are unpaid, future payments that have not yet become due at the time of the death can be paid to the worker’s dependents. The dependents would have to show that they relied on the worker’s financial support for at least half of their total support. They are then able to receive that portion of the benefits that represents what their dependency is.
For example, in a recent Illinois case, a worker’s hand was permanently injured, and she subsequently died of causes unrelated to the hand injury. The worker’s sister had been dependent on her support to pay at least half of her expenses. The sister was awarded 50% of the worker sister’s benefits based on this dependency.
Some reassurance can be found in tragedy, that at least those who count on you for support may still be able to receive that financial help from the workers’ compensation system.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
