Workers’ Compensation Death Claims
Cleveland Workers’ Compensation Claims Lawyer
Family Members Entitled to Death Benefits
If you are the family member of someone who died as the result of a work injury or occupational disease, you may be entitled to death benefits from workers’ compensation. You may still be entitled to benefits even if your family member settled his or her claim prior to death.At the law firm of Garson Johnson LLC in Cleveland, Ohio, we offer a free consultation to the surviving family members of deceased workers. Our lawyers will explain your rights and options and help you obtain the full benefits to which you are entitled.
Do I Need a Lawyer To File Workers’ Compensation Death Claims?
In most cases, the death claim process is straightforward and you do not need a lawyer’s help to obtain benefits. If that is the case in your situation, our lawyers will assist you in filing your claim and will not charge you a fee.
However, there are times when you may need an attorney’s help or when you are entitled to additional compensation than what is provided by workers’ compensation alone. For example:
- If your family member’s death was caused by someone other than your employer, our lawyers could file a personal injury lawsuit against the third party. Examples of third parties are subcontractors, vendors and equipment manufacturers.
- If the death was caused in an auto accident while working, we could sue the negligent driver.
- If the death was caused by extreme negligence by your employer − such as removing a guard on a machine − our lawyers could sue your employer.
If we can help you obtain more benefits than you could obtain without a lawyer’s help, our fee will be a percentage of your recovery.
Which Family Members Are Entitled to Workers’ Compensation Death Benefits?
To be eligible for benefits, you must be a dependent of the deceased worker. Examples of dependents include:
- Children of the deceased are eligible until age 18 (or until age 23 if attending college or vocational school full time).
- The spouse of the deceased, so long as he or she does not remarry
- Parents of the deceased, if you can prove that you depended on your child for support
Dependent death benefits will be based on the level of dependency or support each dependent had while the worker was living.
Protect Your Rights: Free Attorney Consultation
For information about workers’ comp death claims, contact our Cleveland, Ohio, lawyers to arrange a free consultation.