This is a grim post, but the reality is that murders do happen in the workplace. In fact, according to a CNN article, between 2018 and 2023 there were over 2,700 murders in the workplace in the US. Many of those of course took place in Illinois. Just a month ago, a man was sentenced for killing a DCFS worker.
This post is being written for the family members of those who are killed on the job. We try to be a resource for every Illinois work comp issue there is. Murder is one of them. This post is being written solely from the perspective of how you can access IL work comp benefits if this tragedy happens.
There are a few things to know about work comp after a murder. The first thing an attorney would look at is, was the murder a risk of the job or work related? Just being at work doesn’t make it a case. You have to show something about the job contributed to it happening.
For example, if you work at a store and are killed in a robbery because you didn’t respond to demands fast enough or the scumbag just decided to shoot someone, that would be a case. A DCFS worker killed by an angry client would be a case. If your co-worker shoots you because they don’t feel you are doing a good job, that would be a case.
On the other hand, if your co-worker shoots you because you hit on his girlfriend, that wouldn’t likely be a work comp case even if it happened at work. If you work on Michigan Avenue and there’s a shooting on the street and a stray bullet makes its way into the store, that probably wouldn’t be a case. On the other hand, if you worked in a dangerous neighborhood it might be. That’s because the job location increased the risk of something bad happening.
Assuming you can prove the death was related to work, then comes the benefits that you get under the Illinois workers’ compensation Act. Even if the worker wasn’t married and had no kids, the employer (or more realistically their insurance company) would have to pay the medical bills for any treatment. They’d also have to pay for the funeral, up to $8,000. So if the funeral cost $10,000, the family would be on the hook for $2,000. This is a benefit that will hopefully increase at some point.
The biggest benefit is the survivors benefit. A surviving spouse would receive 2/3 of the average weekly wage of the person who was killed, tax free. The minimum rate is currently $715.42 and the maximum rate is $1,907.79. You’d receive that amount every week for 25 years. This is subject to cost of living increases. Note that these rates increase every six months. Note that if a widow remarries, the benefits will get cut off after an additional two years or payments.
If there is no widow, but there are children, they receive these benefits until the age of 18. If that dependent child is enrolled in school, the benefits can continue until they reach the age of 25. If a child is otherwise dependent because they are mentally or physically handicapped, the benefits shall continue as long as the child is incapacitated. Even if a child doesn’t continue with school, they are guaranteed a minimum of six years of payments.
If there’s no child or spouse, but the killed worker supported their parents, they can make a claim for benefits too. Their payment shall be based on the proportion of their income that was dependent on the child. Those cases are always hotly debated and require someone that understands accounting. It also requires a lot of records to show how money was given and used. The same formula can be used for adult children that were still financially dependent on a parent. This can even extend to grandparents or grandchildren for up to five years.
Whether or not you need a lawyer in these tragic cases comes down to if there is a dispute or not. These benefits should be paid immediately and without delay. Sometimes insurance companies just don’t pay or say they are investigating. Other times they pay at the wrong rate or make you jump through a lot of unnecessary hoops.
My strong advice is to consult with an attorney to see what your right are and if a lawyer is needed. It’s free and they won’t take any of the benefits if things are being paid properly. In fact, State law limits attorney fees in these cases to $100 if there is no dispute. If there is a legitimate dispute or delay, attorney fees are capped at 20% of 364 weeks of benefits. Basically a lawyer would get every fifth check for seven years and after that 100% would go to the survivors.
If you have questions about any of this and want to talk to a compassionate and experienced lawyer, call us any time at 312-346-5578.
