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Death and Dependent Spartanburg Workers’ Compensation Claims

If you’ve lost a loved one to an accident on the job, you are likely facing stressful circumstances in addition to the tragedy. Your spouse or parent is gone, and nothing can bring them back. In addition, you’ve lost their income in your home, which can have very serious financial consequences.

Death and dependent Spartanburg workers’ compensation claims are legally complex. If you are in this situation, it is important to work closely with a workers’ compensation attorney at Holland & Usry, P.A., from the start. We offer FREE case reviews.

Understanding Workers’ Compensation Death and Dependent Claims

In South Carolina, all employers who have more than three employees are required to carry workers’ compensation insurance to cover injuries. If your spouse or parent suffered an injury or illness on the job in Spartanburg that proved fatal, workers’ compensation death and dependent benefits will likely apply.

Death and dependent benefits include the final medical expenses your loved one experienced before they succumbed to their injuries. They also include the cost of your loved one’s funeral and burial, and financial assistance for their survivors.

What Benefits Are Available to Surviving Family Members?

There are several important points about the financial assistance that the law entitles you to.

Weekly Wage Benefits for Surviving Spouses and Children

The surviving spouse or the surviving spouse and dependent children receive two-thirds of the deceased employee’s weekly wage. If there are two or more dependent children, the spouse is entitled to at least half of the weekly wage benefit.

The maximum length of this wage benefit is 500 weeks. There are, however, two exceptions. One exception is that courts will subtract any weekly benefits the employee received before their death from the 500-week time frame.

Who Is Entitled to Death and Dependent Benefits?

In addition to the surviving spouse of the deceased employee, the employee’s dependent children qualify for benefits. Each dependent receives benefits until they reach the age of 19, but this age limit does not apply to disabled dependents. Additionally, full-time students are entitled to benefits until they turn 23.

If the deceased employee leaves neither a spouse nor dependent children. If this doesn’t apply, the employee’s grown children are entitled to the benefit. If the employee has no children, their parents are the beneficiaries.

If you have a death and dependency worker’s comp claim in Spartanburg, it’s as complicated as it is emotionally challenging. You shouldn’t wait to discuss your concerns with a workers’ comp lawyer.

Why Death and Dependent Claims May Be Denied

Insurance companies that cover death and survivor claims in Spartanburg have an incentive to turn large profits, which means they do what they can to deny requests for workers’ compensation. Typical ways they do this include the following:

  • Denying that the fatal injury or illness was work-related
  • Claiming that the employee died by acting in a way that violated company policy
  • Claiming that the employee’s fatal injuries were self-inflicted rather than accidental

Obtaining the legal guidance of a workers’ compensation attorney from our firm early on is likely to be to your advantage.

Speak With a Spartanburg Lawyer About Death and Dependent Workers’ Compensation Claims

A workers’ compensation attorney at Holland & Usry, P.A., has experience handling death and dependent Spartanburg workers’ compensation claims. We are well prepared to help you.

Because receiving the compensation you deserve can make a big difference in your journey toward peace of mind, contact us for a FREE case review today.