When in the process of filing a claim, Illinois employees and/or their families want to know what compensation will be provided from an employer for work-related injuries. The compensation of injuries is dependent upon numerous circumstances. One tragic circumstance that warrants special attention under Illinois law is fatal work injuries - where an Illinois worker dies or is killed while working.
The Illinois Workers' Compensation Act , recently reformed, specifically discusses the compensation to be awarded for fatal injuries. Under the law, when an Illinois worker dies, their surviving widow, widower, child/children or other related dependents may be entitled to benefits on behalf of the deceased worker.
Who is entitled to the fatally injured employee's compensation? Surviving family is to receive payment in different capacities. The compensation rate may be payable through the life of the widow or widower. If any children are included in that family, the payment shall be either until the death of the widow or widower or until the youngest child reaches the age of 18. These terms depend on whether the child or children are not physically or mentally incapacitated and are enrolled in a full time accredited educational institution. If these terms are met, the child may receive payment until the age of 25.
Children of deceased: To be a child of the deceased employee, the child or children must be left surviving the deceased. This child must have been the legal responsibility of the deceased and may include child or children legally adopted or such that the deceased employee was legally obligated to support.
If there are children surviving under the age of 18 whom at the time of the employees death qualify under the above terms of ยง7(a) of the Illinois Workers' Compensation Act, they will be entitled to compensation. Weekly compensation payments will continue for a period no less than six years.
No surviving children: If no surviving children of the deceased employee exist in the situation of a remarriage of a widow or widower, the compensation changes. This surviving spouse is entitled to benefits according to the Workers' Compensation Act. Compensation to the surviving spouse will be in the form of a lump sum equal to two years compensation, after which all other benefits and rights will be terminated.
Compensation may also be available to family members other than spouses or children who were dependent on the income of the deceased worker.
Other supplemental benefits as well as payment for any medical costs incurred in treatment for the injury prior to death may be included in the deceased workers compensation relief. Our firm has handled numerous fatal work injuries. Contact us today for more information, and get an experienced attorney on your side to fight for you to ensure you receive the compensation to which you are entitled after such a tragic occurrence.
