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Benefits for Fatal Work Accidents

October 3, 2022
Benefits for Fatal Work Accidents

Benefits for Fatal Work Accidents

The sudden death of someone you love is tragic, not to mention emotionally, mentally, and financially challenging. This is especially true if the person who died was the main breadwinner in your household. Although obtaining death benefits isn't any consolation for the death of a loved one, it can help you financially manage while you focus on healing and adjusting to life without someone you care deeply for. 


If you lost someone you love in a fatal work accident and would like to know more about the death benefits you can receive from a workers' compensation claim, you have come to the right place. Our professional legal team at the Law Office of Richard F. Matthews, Jr. has experience helping the families of workers involved in fatal work accidents obtain the benefits they need to maintain or secure financial stability. 


Who Can Claim Death Benefits For Fatal Work Accidents?

Before we discuss what benefits can be claimed, we want to briefly discuss who can claim death benefits for fatal work accidents. In most instances in the state of Alabama, the only people allowed to claim death benefits are close family members of the deceased worker. 


Usually, a spouse or children of the deceased claim the benefits, but other family members could be eligible if they can prove they were reliant on the deceased's income. For example, the deceased worker paid for their basic upkeep like rent and food. 


How Long Do Death Benefits From Fatal Work Accidents Last?

How long death benefits from a fatal work accident last depends on the state. However, in Alabama, family members can claim death benefits for up to 500 weeks, or just over nine and a half years. 


You should note that death benefits can also be stopped if a surviving spouse dies or if they remarry. In addition, surviving children will often stop receiving death benefits when they turn 19 or until the funds are exhausted if the child is disabled. 


What Are The Death Benefits For Fatal Work Accidents?

The first thing you need to know is that you must file a claim for death benefits within two years of the fatal accident. If you wait longer than this, you won't be able to obtain the death benefits you could be entitled to. 


Some of the death benefits you could be entitled to include:


  • Burial or funeral costs: In Alabama, you could receive a maximum amount of up to $6,500 for funeral benefits to help you pay for the funeral or burial of your loved one. 
  • Medical expenses: Should your loved one (the person involved in the fatal accident) have received medical treatment before their death, these medical expenses could be covered. The deceased's employer's insurer should cover the medical bills without you needing to pay out of pocket. 
  • Lost wages: One of the death benefits families can claim is lost wages to help them meet financial obligations. In Alabama, a family can claim up to 66 ⅔ percent of the deceased worker's weekly wages they earned before their death. The maximum amount a family can claim weekly is $865, and the minimum benefit limit is $238.


Additionally, should the deceased involved in the fatal work accident have no dependents, their estate will receive $7,500 in lieu of death benefits. 


Speak With A Montgomery Workers Compensation Attorney Today To Discuss Your Claim

Obtaining benefits for a fatal work accident on behalf of a deceased loved one can be surprisingly difficult. That's why it's usually best to consider speaking with a Montgomery workers' compensation attorney. An attorney can help you navigate the legal requirements to get you financially stable while you adjust to living life without your loved one. 


At the Law Office of Richard F. Matthews, Jr., we know how challenging workers' compensation claims can be, and we’re ready to help. Please give us a call today or visit us in person to discuss your case.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. 


The Law Office of Richard F. Matthews, Jr. serves Montgomery County, Pike County, Elmore County, Autauga County, the River Region of Alabama and throughout the State of Alabama, including Montgomery, Troy, Wetumpka Prattville, Selma and Tuskegee. No attorney-client relationship is established by requesting a consultation or emailing Attorney Richard F. Matthews, Jr.. Information submitted in such communication is not privileged and may be subject to disclosure. 

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