When Do Workers Compensation Death Benefits Stop?

Posted on: 23 February 2018

If you are pursuing a worker's compensation claim, then you are probably wondering when the benefits will stop. Well, there is no single answer for that because it depends on different factors. Here are some of the factors that will determine how long you can enjoy the benefits:

Your Age

If the deceased was your parent, then your age is one of the primary factors that determine how long you receive the benefits.  Children are typically guaranteed death benefits until they reach the age of 18. After that, the situation changes for some children depending on their state laws. For example, some will terminate the benefits immediately you hit 18 years old while others will continue giving you the benefits until you reach age 25 as long as you are in school or in some sort of vocational training.

Your Marital Status

If the deceased was your spouse, then your marital status is one of the factors that determine how long you can claim the benefits. The benefits usually stop when you get married. For example, if you remarry three years after your spouse's on-the-job demise, you are likely to receive worker's compensation death benefits only for the three years in which you were a widower or widow.

Your Life Expectancy

As a widower or widow of the deceased employee, some states will guarantee you the death benefits for as long as you are alive. The benefits stop when you die; you can't transfer or bequeath them to a loved one, such as your child. This means even if your partner passes away when you are thirty years old, and you live to be a hundred years old, you will receive the death benefits for those 70 years.

The State-Determined Dollar Limit

There are also states that place a dollar limit on how much you can receive. In such a case, you receive the weekly death benefits until the total matches the predetermined dollar amount, after which the benefits are terminated. Assume you live in a state with such a law, and the dollar limit (for your case) is $100,000 with weekly payments of $1,000. This means you will receive the death benefits each week for 100 weeks (100,000 divided by 1000) and then the benefits stop.

Knowing when your benefits will stop will help you prepare (financially) for the days when they eventually stop. A worker's compensation lawyer can help ensure that your benefits don't stop prematurely. For more information, contact companies like Law Offices Of Timothy L Lapointe PC.