Fatal Claim in Workers Comp Cases
Can I File a Fatal Claim Petition?
Getting justice from a Pennsylvania workers compensation requires aggressive Chester County workers compensation lawyers who fight for victims of work injury and are experienced at representing them at the Chester County workers compensation hearing office in Malvern PA. Contact Ciccarelli Law Offices when a loved one has died as a result of a work related accident. Contact us 24/7 at (610) 692-8700.
Like wrongful death claims filed in civil courts, fatal claims call for compensation for the wages the deceased worker would have earned if he or she had not been killed in a work related accident.
Spouses and dependents of deceased workers may file a petition to obtain death benefits. Pennsylvania law requires such petitions (known as a Fatal Claim Petition for Dependents of Deceased Employees) to be filed within 300 weeks of the work-related injury. However, there are a number of roadblocks that employers and insurers attempt to impose to make recovery of benefits difficult. Disputes may arise over the employee’s earnings before the injury, the employee’s future earning capacity in addition to many other factors, including whether the employee’s death was caused by the work environment or in the course and scope of the employment.
In addition to the pain and trauma of losing a loved one, petitioning for much-needed benefits can be arduous burden.
Where an employee dies from a work injury or occupational disease, the Act provides for specific types of workers’ compensation benefits including wage loss, medical expenses and burial expenses.
The widow, widower or dependent children of an employee who dies from a work injury or occupational disease are entitled to wage loss benefits in the amount of two thirds of the deceased employee’s highest average weekly wage. Widows and widowers are entitled to these wage loss benefits if he or she was living with and at least partially dependent upon the deceased employee at the time of death. These benefits are payable to a widow or a widower for life unless the widow or widower remarries, in which case the benefits are payable for two years after the remarriage.
Dependent children are also entitled to wage loss benefits. As long as the children or child are under the age of 18. Benefits are payable after the age of 18 as long as the child is enrolled in college.
In the event of a fatality, any medical bills incurred as a result of the work injury or occupational disease which resulted in death are the responsibility of the employer.
In addition, the Workers’ Compensation Act provides that the employer must pay a burial expense up to a maximum of $3,000 in the event of a work-related fatality.
Our promise: You need a Pennsylvania workers compensation lawyer who understands the seriousness of your Chester County workers compensation claim and will give it to you straight. You do not expect guarantees but you need a lawyer that you can trust to fight for you and your family to the fullest extent of the law. Our Pennsylvania legal team promises to work for you; be thorough and aggressive in setting out the best strategies for you and your loved ones.
We accept Pennsylvania workers compensation claims on a contingency fee basis; which means that we do not require an advance fee, retainer or hourly rate but base our fee on a percentage of the monetary settlement we earn for you. Call Us 24/7 at (610) 692-8700. Learn how we will work toward the result you need.
We serve individuals and their families injured at work and seeking workers compensation benefits throughout Chester County and the greater Philadelphia Pennsylvania region including but not limited to: West Chester, Downingtown, Coatesville, Phoenixville, Parkesburg, Kennett Square, Oxford, Malvern, and in Philadelphia, Delaware County, Montgomery County, Bucks County, Lancaster County, Berks County, and Northampton County in Allentown, Bethlehem, Easton, Lancaster, Levittown, Media, Norristown, Philadelphia, Pottstown, Pottsville, Reading, West Chester, and Willow Grove.
When you have are seeking a monetary settlement of your workers compensation Pennsylvania, you need justice; and you need a top Chester County workers compensation lawyer with years of experience winning the tough cases: contact Lee Ciccarelli and Pennsylvania Workers Compensation team today. Call 24/7 at (610) 692-8700.