Missouri’s workers’ compensation laws provide death benefits to help support the surviving family members of construction workers who lose their lives due to workplace injuries or illnesses.
The construction industry is one of the most dangerous sectors in the United States, and Missouri is no exception. Workers in this field face daily risks, sometimes leading to tragic outcomes. When a construction worker loses their life on the job, the family left behind faces not only emotional devastation but also potential financial hardship.
What Are Workers’ Compensation Death Benefits in Missouri?
Under Missouri law, workers’ compensation provides financial assistance to dependents of a worker who dies as a result of a work-related accident or occupational illness. These benefits are designed to cover specific expenses and provide ongoing support to the family.
Here’s what death benefits typically include:
- Funeral Expenses
- Workers’ compensation in Missouri covers reasonable funeral expenses up to $5,000. This helps alleviate the immediate financial burden of planning and paying for funeral services.
- Weekly Benefits for Dependents
- Surviving dependents, such as a spouse or children, may be entitled to weekly payments. These payments are generally two-thirds of the deceased worker’s average weekly wage, subject to a maximum limit set by Missouri law.
- Who Qualifies as a Dependent?
- A surviving spouse
- Minor children (under 18 or under 22 if enrolled in school)
- Other dependents who were financially reliant on the deceased worker, such as elderly parents or disabled adult children
- Duration of Benefits
- A surviving spouse may receive benefits for life, unless they remarry. If the spouse remarries, a lump sum equal to two years’ worth of benefits may be paid.
- Children receive benefits until they reach adulthood or the specified educational age limit.
Challenges Families Face in Securing Benefits
While the law provides these benefits, navigating the workers’ compensation process can be complex and stressful for grieving families. Common issues include:
- Disputes Over Coverage: Employers or insurance companies may challenge whether the death was work-related.
- Determination of Dependents: Establishing dependency can sometimes be contested, particularly for non-immediate family members.
- Benefit Amounts: Calculating the average weekly wage and determining the correct compensation amount can lead to disagreements.
Having legal guidance can make a significant difference in ensuring the family receives the full benefits they are entitled to.
What to Do If You’ve Lost a Loved One in a Construction Accident
If your loved one has passed away due to a construction-related incident in Missouri, here are the steps you should take:
- Report the Death to the Employer – Notify the deceased worker’s employer as soon as possible. This initiates the workers’ compensation claim process.
- Gather Documentation – Collect all relevant information, including medical records, accident reports, and proof of dependency (e.g., marriage certificates, birth certificates).
- Consult an Experienced Workers’ Compensation Attorney – The claims process can be overwhelming, especially during a time of grief. An experienced attorney can ensure that all deadlines are met, assist with disputes, and fight for the benefits your family deserves.
How the Law Office of James M. Hoffmann Can Help
At the Law Office of James M. Hoffmann, we understand the challenges families face after losing a loved one. With over 30 years of experience in Missouri workers’ compensation law, we are committed to helping families secure the benefits they need to move forward.
We can assist with:
- Filing and managing the death benefits claim
- Addressing disputes or delays from employers or insurance companies
- Advocating for the full compensation your family deserves
Contact Us Now for a Free Case Evaluation
Call us any time at (314) 361-4300 or contact us online. All communications are returned promptly, so you get the help you need when you need it.