Unfortunately, workplace accidents occur far more often than most people realize in the United States. In most cases, those accidents result in injuries that can be treated; however, sometimes a workplace accident or even a work related illness results in death. When that occurs, survivors may be entitled to death benefits from the Michigan workers’ compensation system. If you lost a spouse or parent to a workplace accident or illness you could be entitled to those benefits. Only an experienced Michigan workers’ compensation attorney can evaluate your specific situation and provide individualized advice and guidance; however, a basic understanding of the benefits that may be available to you as a survivor is a good place to start.
First, the estate of the decedent is entitled to a burial allowance of $6,000. That benefit applies even if there are no qualified survivors. In addition, survivors who qualify as a dependent of the fatally injured worker may also be entitled to wage loss benefits. Children of the decedent are presumed to have been dependent on the deceased worker. Anyone else, including a spouse, must prove that they were actually dependent on the deceased worker to be entitled to benefits. It is possible to have been only partially dependent on a decedent. In that case, you would receive benefits but at a reduced rate.
Wage loss benefits that a dependent is entitled to are usually calculated in the same manner a wage loss benefits payable to an injured worker. That is to say that a dependent would receive 80 percent of the after-tax value of the deceased worker’s wages at the time of the injury or illness. There is, however, a minimum benefit amount that is equal to 50 percent of the state average weekly wage at the time of the injury or illness.
For all dependents except a minor child, death benefits are paid for up to 500 weeks. The number of weeks benefits are paid is reduced if the worker received any benefits prior to his or her death. For minor children, benefits typically continue until age 18; however, it is not uncommon for a court to order benefits to continue until age 21, or longer if the child is physically or mentally incapacitated.
Death benefits can dramatically ease the financial hardship caused by the loss of a family member; however, navigating the Michigan workers’ compensation system to get approved for those benefits can be difficult. If you believe that you qualify for death benefits as a survivor, consult with an experienced Michigan workers’ compensation attorney as soon as possible.
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