Missouri Workers’ Compensation Death Benefits

Missouri Workers’ Compensation Death Benefits

Surviving family members are owed survivor benefits under workers' compensation laws in Missouri

If your loved one died in a workplace accident, the last thing on your mind is filing a workers' compensation death benefits claim. We are terribly sorry for your loss. Your loved one can never be replaced, but the financial burden of losing someone you are dependent on can be lessened. At Cantor and Associate, we have lifted this unfortunate burden by guiding many surviving family members through the claims process.

In the video below,Missouri workers' compensation attorney Mark Cantor reviews the death benefits owed to surviving family members under Missouri's workers' compensation laws.

Video Summary —

Missouri’s workers’ compensation law (287.010) defines “death” as “only death resulting from such violence [to the physical structure of the body] and its resultant effects occurring within three hundred weeks after the accident; except that in cases of occupational disease, the limitation of three hundred weeks shall not be applicable.” According to the definition, the total or partial dependents of an employee who is injured at work and succumbs to those injuries within three hundred weeks of the accident are entitled to receive death benefits under the law. Cases involving occupational disease are not subject to this limitation.

Who can receive compensation?

Under Missouri's workers' compensation laws, you can receive compensation for the work related death of your loved one if you were financially dependent on the loved one who died. Specifically, you must be financially dependent by marriage as the spouse of the loved one, a minor child of the deceased or a disabled adult child who was financially dependent.

What is the work comp death benefit in Missouri?

You are entitled to receive two-thirds of the deceased's average weekly wage up to a maximum amount which is designated by the Missouri state legislature. The maximum amount is changed annually. We will be able to inform you of the current maximum amount if you choose to meet with us for a free and confidential legal consultation.

Benefits for the Spouse of the Deceased Worker

First and foremost, the spouse receives the weekly benefit for life. If the deceased has minor children from the marriage, the widow will receive the benefit for the family. If the widow chooses to remarry, the widow will receive a lump sum payment comprising of two years worth of the weekly benefit amount.

Benefits for Children of the Deceased Worker

Minor children of the deceased worker are entitled to receive the workers' compensation weekly death benefit until they reach the age of majority, which is 18 in Missouri. (Some exceptions to the age of majority can be applied to extend benefits while a child is enrolled in college or a member of the armed services. Children typically receive the benefit if their deceased parent was not married at the time of death. If the spouse is receiving the weekly benefit on behalf of the family and decides to remarry, the spouse will receive a two year lump sum payment and the minor children will then begin to directly receive the weekly benefit until the age of majority.

Adult children who are disabled and were financially dependent on the deceased are eligible to collect the weekly death benefit for life. A knowledgeable workers' compensation attorney who frequently handles death cases will be able to help you determine if you were financially dependent on the deceased worker and if you are entitled to receive weekly benefits under the workers' compensation laws.

Workers' Compensation Death Case vs. Wrongful Death Civil Lawsuit

Many lawyers advise their clients to pursue a civil lawsuit and overlook the workers' compensation claim. This is a mistake. You may have grounds for both a civil action and a work comp claim. This possibility needs to be fully investigated by a lawyer so that you can receive maximum compensation for the death of your loved one.

Fees for a Death Benefit Case

Our general fee for a contested workers' compensation case is 25 percent. However, we typically change that fee for death specific cases depending on the circumstances of the case. Call us today to learn more about how we will approach the fees for your case.

Funeral Expenses

If there are no dependents, Missouri's workers' compensation statute only requires a payment of $5,000 to cover funeral and burial expenses.

Get your questions about work comp survivor benefits answered below or call (314) 542-9999
POSTED IN: Mark's Post Workers' Compensation Wrongful Death

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