Lost a family member to a workplace accident? Learn how Missouri’s workers’ compensation death benefits can provide financial security during this difficult time.
Losing a loved one in a work-related incident is devastating. Understanding Missouri’s workers’ compensation death benefits can help provide financial security during this difficult time. Here’s what families need to know about claiming these essential benefits.
Who Can Receive Death Benefits?
Missouri workers’ compensation provides death benefits to specific family members dependent on the deceased worker. Understanding who qualifies is the first step in securing these benefits.
Primary Beneficiaries
- Surviving Spouse: Entitled to weekly benefits for life or until remarriage
- Dependent Children: Eligible until age 18 (or 22 if enrolled in college full-time)
- Disabled Children: May receive benefits indefinitely if disability prevents self-support
Secondary Beneficiaries
- Dependent Parents: May qualify if there is no surviving spouse or children
- Other Dependents: Siblings or grandchildren who were financially dependent on the deceased
Available Benefits
Missouri workers’ compensation death benefits generally include weekly compensation and funeral expense coverage. The amount of benefits is based on the deceased worker’s average weekly wage and the number of dependents.
Weekly Death Benefits
Beneficiaries receive 66 2/3% of the deceased worker’s average weekly wage, subject to state maximum and minimum rates. These benefits are adjusted annually for cost of living increases. For specific calculations, you may want to consult with a St. Louis workers’ compensation attorney who can help ensure you receive the full amount you’re entitled to.
Funeral and Burial Expenses
Missouri workers’ compensation provides up to $5,000 for funeral expenses. This amount is paid directly to the funeral service provider or as reimbursement to the family member who paid these expenses.
Filing a Death Benefits Claim
Filing a death benefits claim involves several steps and requires specific documentation. Working with a Missouri workers’ compensation claims attorney can help ensure your claim is properly filed.
Required Documentation
- Death certificate
- Marriage certificate (for surviving spouse)
- Birth certificates (for dependent children)
- Medical records relating to the work incident
- Proof of financial dependency
- Funeral expense receipts
Common Challenges in Death Benefit Claims
Several challenges can arise during the death benefits claims process. Understanding these potential obstacles can help you better prepare your claim:
- Proving the death was work-related
- Establishing financial dependency
- Ensuring correct wage calculations
- Determining proper benefit distribution among multiple beneficiaries
Rights and Protections for Beneficiaries
Under Missouri workers’ compensation laws, beneficiaries have specific rights and protections throughout the claims process. These include:
- Right to choose your own attorney
- Protection from benefit termination without notice
- Right to appeal adverse decisions
- Access to all claim-related documents
Frequently Asked Questions
How long do death benefits last?
For surviving spouses, benefits continue for life or until remarriage. Children receive benefits until age 18 (or 22 if in college), while disabled dependent children may receive benefits indefinitely.
What if the death occurs after a work injury?
Death benefits are available if the death occurs as a result of a work-related injury or illness, even if time has passed between the injury and death. However, the connection between the work incident and death must be established.
Can benefits be denied?
Yes, benefits can be denied for various reasons, including:
- Death not related to work
- Late claim filing
- Insufficient documentation
- Disputed dependency status
If your claim has been denied, contact a Missouri workers’ compensation attorney who can help protect your rights and navigate the appeals process.
Every death benefit case is unique. Professional legal guidance can help ensure your family receives all entitled benefits while reducing stress during this difficult time. Call the Law Office of James M. Hoffmann 24/7 at (314) 361-4300 for a free case evaluation.
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