Illinois Workers’ Compensation Death Benefits

Helping Family Members Receive Benefits After Fatal Workplace Accidents

In some Illinois industries, there are work environments that involve significant hazards. Construction, manufacturing, mining, and other similar sectors can cause accidents that leave employees seriously injured. 

Some of these accidents can be fatal, resulting in the loss of the victim’s life, meaning surviving family members may be eligible for Illinois workers’ compensation death benefits if the employee died during their work duties. 

IL Work Injury Lawyer is a Chicago-based workers’ compensation law firm that represents clients throughout Illinois. We understand how overwhelming it can be for families to consider legal action during this difficult time. Our team offers a compassionate approach as we fight for fair compensation benefits through your loved one’s employer. 

What Are Workers’ Compensation Death Benefits?

Under the Illinois Workers’ Compensation Act (820 ILCS 305), survivors can apply for weekly payments and other benefits if their loved one died while at work. If the injury or illness that caused their death occurred during the course of their employment, dependent individuals could receive benefits to help address lost income. 

Who Qualifies for Death Benefits in Illinois?

Multiple parties may be eligible for death benefits from a workers’ compensation claim. Primarily, the payout would go to a surviving spouse and dependent children. However, if there is no spouse or minor children to receive death benefits, the money can go toward other close relatives who are financially dependent on the deceased victim. 

Can Dependent Parents Receive Death Benefits?

In most states, including Illinois, dependent parents will only receive death benefits if there are no spouses or minor children involved. If no such dependents exist, and the parents are fully or partially dependent on the income from the employee, then they may be eligible for death benefits as beneficiaries. 

Do Death Benefits Compensate for Weekly Wages in Illinois?

Illinois workers’ compensation death benefits can cover a percentage of the lost wages after the worker’s death. Generally, this wage replacement is equal to two-thirds of the person’s average weekly wage (AWW). AWW is calculated by adding the total earnings from the 52 weeks prior to the employee’s passing and dividing that total by 52. 

Death benefits are limited. Typically, they are payable for up to 25 years or a maximum of $500,000, whichever is greater. 

Are Funeral and Burial Expenses Covered?

In addition to covering lost income, death benefits can also help grieving families pay for some expenses related to their loved one’s passing. In Illinois, employers or insurance companies must pay up to $8,000 to cover the costs of funerals and burials. 

What Types of Fatal Work Accidents Qualify for Death Benefits?

Although workers in all fields could suffer dangerous accidents that turn fatal, some industries are more prone to risks than others. Here are some common types of accidents that may result in workers’ compensation death benefits for the surviving spouse and minor children:

• Construction site falls from heights
• Motor vehicle accidents while on the job
• Accidents involving heavy equipment or machinery, such as crush injuries or amputations
• Workplace violence 
• Occupational diseases caused by toxic chemical exposure, such as asbestos

How to File a Fatal Workers’ Compensation Claim in Illinois

For family members to receive death benefits through workers’ compensation, they must follow the appropriate process for a claim. Missing any of these steps could make it extremely challenging to earn the compensation you deserve. Here is what you must do to file a fatal workers’ compensation claim for death benefits: 

• Notify the employer of your loved one’s death within 45 days
• File the claim with the Illinois Workers’ Compensation Commission (IWCC)
• Gather the documents required for a claim, including a death certificate, proof of dependency, and the accident report
• Consult an expert attorney from IL Work Injury Lawyer if you do not receive the compensation benefits you are entitled to

What If My Death Benefits Claim Is Denied?

Insurers and employers will look for many reasons to deny a claim entirely or reduce the amount of workers’ compensation death benefits paid to the deceased worker’s family. Some common reasons for denials include:

• The death was not related to the victim’s employment
• The beneficiaries are not totally dependent on the victim’s income
• The family members missed a deadline for workers’ compensation benefits
• The employee was engaging in reckless behavior 

At IL Work Injury Lawyer, we can provide legal guidance when appealing a denial through a hearing with the IWCC. Our team will gather additional evidence, such as workplace accident reports, medical expert testimony, witness statements, and photos of the accident scene, to help win your appeal and secure fair death benefits. 

Are There Other Sources of Compensation for Fatal Accidents in Illinois?

If a negligent third party caused the death of your loved one, you can pursue compensation through a separate lawsuit under the Wrongful Death Act (740 ILCS 180/). With this type of claim, you can seek compensation for legal damages like lost income, loss of financial support, funeral and burial costs, loss of consortium, and emotional distress. 

A third-party negligence suit could be applicable if the injured employee died because of defective equipment, subcontractor negligence, or reckless driving. A top attorney from our Chicago law firm can help you determine who is at fault for the accident and if you are eligible for a wrongful death claim. 

How Long Do Dependents Have to File for Workers’ Compensation Death Benefits in Illinois?

The Workers’ Compensation Act gives claimants three years from the date of the employee’s death or two years from the last workers’ compensation payment to file their claims. Whichever date is later will be the final deadline. 

It is always wiser to pursue legal action as quickly as possible, as evidence could grow stale and make it harder to prove your case to the insurance company or IWCC. 

How IL Work Injury Lawyer Can Help

IL Work Injury Lawyer will play an important role in the outcome of your claim. We know what it takes to secure death benefits through workers’ compensation. Our compassionate approach ensures you have the space to grieve your loved one while we navigate the logistics of your claim. Our legal services include:

• Investigating the cause of death to determine if there is third-party liability
• Proving dependency status
• Gathering evidence to prove that the accident was work-related
• Calculating the death benefits owed to beneficiaries
• Handling negotiations with insurers
• Navigating the litigation process, if necessary

Book a Free Consultation 

When an employee suffers a fatal accident at work, their family is often left in a desperate situation. Not only have they lost a loved one, but their financial future may be in jeopardy. Workers’ compensation death benefits offer some financial security to the employee’s beneficiaries. 

At IL Work Injury Lawyer, we work on a contingency fee basis. This means you owe nothing unless we win the death benefits case. 

We serve clients throughout the state from our Chicago office. Contact us today to schedule a free case evaluation with a Chicago work injury attorney.