Death Benefits

When you have lost a loved one because of a work related accident, you need compensation. The pain you suffer as the result of the loss of your spouse is incalculable. While nothing can totally compensate you for your loss, you do deserve justice. At the Injured Workers’ Law Firm, we represent the families of workers killed on the job.

What are you entitled to?

Employers have a duty to ensure that their workplaces are safe for their workers. When someone is killed on the job, employers must pay. This is an incentive to keep their business safe.

This is not an attempt to replace your loved one, but is an attempt to provide you some comfort. Under Virginia law, you are entitled to these monetary damages:

n Lost wages are provided to a worker’s spouse and minor children for 500 weeks which is about 9 1/2 years.

n You also may qualify to receive money to pay for the funeral. Families are eligible to receive up to $10,000 for a funeral and up to $1,000 for travel costs.

Contact an experienced attorney to help

You have a short period to file a claim for death benefits. Generally, a party must report a claim within thirty days of the accident. Unlike other workers ‘ compensation cases, a work related death is easier to spot. You then must also file a claim with the Virginia Workers’ Compensation Commission within two years. Many people think that filing a claim with the insurance company is sufficient. It is NOT and if two years pass all benefits are lost.

An insurance company may attempt to deny your benefits by stating that the death was caused by a willful violation of a known safety rule. The employer has the burden to prove that the violation was willful. We will interview co-workers and supervisors of your family member. They can testify about whether they knew about the rule. Maybe there was a rule, but it was never followed by anyone.

We will seek the financial award necessary to get you back on your feet. Nothing can replace your loved one, but you deserve compensation. Call or e-mail today. We can pursue justice for you.

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