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There is nothing more complicated to deal with than having your loved one die while on the job. It is an unexpected loss of your partner and often your support.
We cannot possibly understand what you are going through right now, but we want you to know you are not alone. Workers’ compensation benefits are often available to the dependents of someone who died in a workplace accident. We want to help you understand death and dependent workers’ compensation claims in Greenville and whether you qualify for assistance during this difficult time.
Workers’ compensation insurance is a type of insurance businesses must carry to protect employees who get sick or injured while on the job. Workers’ compensation in Greenville provides death benefits if a death occurs because of a work-related injury or illness as long as it occurs during the course and scope of their employment.
South Carolina Code of Laws § 42-9-110 states that persons conclusively presumed to be wholly dependent could collect death benefits. This includes the surviving spouse or a child if they depend exclusively on the deceased’s income. If there are multiple dependents, the benefits will be divided among them.
People who are considered wholly dependent include:
Other individuals who have proof of financial support for at least three months before an accident that resulted in death may also qualify as a dependent. This allows unmarried partners and others to collect benefits if they depend on the deceased.
In situations where no dependents are available, death benefits may be given to the deceased mother or father, regardless of age or dependency, according to SC Code § 42-9-140 (B). However, this does not apply if the parent fails to support the worker as a child. Parents will not be eligible to collect income if this is the case.
Death benefits from a Greenville workers’ compensation claim are maximized if the deceased employee had dependents who were wholly dependent on them for support. However, each case differs based on the number of dependents and how much they rely on the deceased person’s income.
According to the SC Code § 42-9-290, wholly dependent individuals should receive a “weekly payment equal to sixty-six and two-thirds percent of the individual’s weekly wages, but not less than $75 weekly.” The amount may not be less than the deceased average weekly wage or more than the state’s average weekly wage for the preceding fiscal year. This income will cover a period of 500 from the date of injury and up to $12,000 in burial expenses.
It is important to note that death benefits will end upon the death of the surviving spouse, even if there are still weeks left. They will not cease if the surviving spouse remarries. If children are given death benefits, they will continue getting their amount even if the surviving spouse dies until the full 500 weeks have been exceeded.
The benefit for people who are only partly dependent is that the compensation must be the same as those who are wholly dependent and will not exceed 500 weeks of payment. However, it is minus the funeral expense coverage.
In South Carolina, death benefits must be filed within two years from the date of the fatal accident or occupational exposure that led to your loved one’s death. Therefore, you should not wait to speak with a qualified legal team about your rights to receive death benefits.
If you want to know more about death and dependent workers’ compensation claims in Greenville, get in touch with our team at Eller Frye Law Firm. We will do everything possible to help you get the compensation you deserve.