DEATH CLAIMS
Workplace Accidents Resulting in Death
If a loved one has lost their life while in the line of work, the surviving family members can file a lawsuit for what is known as “Death Benefits.” Certain relatives or family members can bring the lawsuit, including, the surviving spouse, children and step-children, grandchildren, grandparents, uncles or aunts, and nieces and nephews.
The law provides for different levels of benefits depending on whether the survivors were “total” or “partial” dependents. See below for an explanation of who qualifies as a “total” dependent.
Remember that the surviving dependents have one year (from the date of death) to file the claim for death benefits, or 240 weeks from the injury date.
It is important to know that death benefits are not paid in a lump sum, but rather in weekly installment payments. The amount of the weekly payment is two-thirds of the deceased average weekly wage. Once the death benefit is paid in full, the surviving totally dependent children under 18 will continue to receive weekly payments until they turn 18. Children who are mentally or physically disabled will continue receiving the benefit for life.
Losing a loved one in a workplace accident is tragic and heart wrenching. The last thing you need in a time like this is the employer or insurance denying you benefits or misleading you on your rights. Our sympathetic expert lawyers understand your situation and will help you through this challenging process.
| Children Under 18 | Adult Children With Mental or Physical Disability |
Surviving Spouse Earning Less than $30,000, 12 Months before the employee’s death |
|---|---|---|
|
|
|
| 1 Total Dependent | 2 Total Dependents | 3 Total Dependents | Burial Expenses |
|---|---|---|---|
|
|
|
|
| $250,000 | $290,000 | $320,000 | $10,000 |
CERTAIN TYPES OF DEBTS CANNOT BE DISCHARGED IN BANKRUPTCY, AND THOSE GENERALLY INCLUDE DEBTS SUCH AS:
Back Taxes
Child Support
Student Loans
Personal Debt
Medical Bills
Credit Cards
UNDER THIS CHAPTER, YOU ARE ALLOWED TO KEEP YOUR ASSETS WHILE YOU PAY BACK YOUR CREDITORS UNDER THE TERMS OF THE APPROVED PLAN.
THIS IS AN ATTRACTIVE FEATURE OF THE CHAPTER 13 THAT ALLOWS YOU TO KEEP YOUR:
House
Car
Other Assets
The difficulty with a 3-5 year plan is that a number of unforeseen events can arise during that time period, which can make the repayment difficult, or even impossible. To make matters more complicated, Chapter 13 plans must be approved by the Bankruptcy court, and the success rate of doing it without an attorney is only about 2%.
If filing a Chapter 13 Bankruptcy is right for you, you should definitely use an attorney. Having an attorney does not guarantee a successful outcome, but it greatly improves your odds.
To be sure, there are downsides for filing a Chapter 13, including longer proceeding times, and higher fees. Also, when you file for bankruptcy, your credit score will be effected because the Bankruptcy filing will remain on your credit history for 7 years (less than a Chapter 7 which lasts for 10).
You may experience difficulty obtaining newly issued credit during this time. Also, if your Chapter 13 is not approved by the Court, the interest during that time will accrue, and your bankruptcy protection will be lifted. Lastly, you cannot file for a Chapter 7 if you have gone through a Chapter 13 in the last 6 years.
Therefore, it is very important that you consult us about whether Chapter 13 Bankruptcy is the right step for you.