What happens when an injured worker dies from something other than the job injury? A reader asked that question the other day. It’s a great one and while I know the answer, I turned to an attorney we refer some death cases to as I see him as an expert on Illinois workers’ compensation law when a worker dies, mostly because he has handled so many cases like this before. Here is his answer:
When a claimant dies while her workers’ compensation claim is pending several different scenarios can play out depending on the cause of death. If the injured worker’s death is unrelated to her pending workers’ compensation claim, the injured worker’s estate will be entitled to any award of permanent impairment she may have been entitled to if she had not passed away. Since the concept of permanent impairment assumes future physical deterioration as a result of the work injury, however, the value of a settlement for permanent impairment may be significantly less than if the injured worker survived.
If the claimant dies of unrelated causes and is receiving weekly benefits as a result of a wage differential or permanent and total disability award at the Workers’ Compensation Commission, benefits will cease at the time of the claimant’s death.
Lastly, if the claimant dies of an injury or condition that was related to her job duties, however, her heirs may be entitled to death benefits if they can establish that they were dependent on the claimant as that term is defined by the Illinois Workers’ Compensation Act. While the issue of dependency can be very complicated, death benefits can be quite substantial. In fact, under certain narrow circumstances they could even represent weekly benefits to a dependent heir weekly for the remainder of that heir’s life.
Obviously, things can get very complicated during the pendency of a workers’ compensation claim if an injured worker passes away. Therefore, we believe it is imperative that the claimant’s heirs consult with either the claimant’s existing workers’ compensation attorney if one was retained or that the heirs obtain their own experienced workers’ compensation attorney to help them navigate this often difficult course through the workers’ compensation system relative to any rights that they have that may survive the deceased claimant.
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.
