Each state has a different workers’ compensation law.

In Illinois your family is still able to recover Workers’ Compensation benefits upon your death.

You must prove that the work injury caused or contributed to your death and that it occurred during and arose out of your employment.

Examples are being killed in a motor vehicle collision while driving for work, or falling from a ladder at work, suffering heat stroke or a heart attack as a result of your labors.

The family members who may recover benefits are your spouse and your dependent minor children.

In certain circumstances if you do not have a surviving spouse or dependent minor children, then dependent adult children, dependent parents or dependent grandparents or grandchildren may step and claim some benefits. The proving of dependency may become tricky once you reach this level.

The amount of death benefits are the greater of $500,000 or 25 years worth of benefits at the appropriate rate.

Reaching adulthood and remarriage will have an effect on the continuation of benefits.

An example of the unfairness of the death benefit law is a 25 year old who drowns while in the course of his work, but he is unmarried and has no children. His family is not entitled to death benefits unless there is some proof of dependency on the part of his parents.

Questions about your work injury case? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.

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