Workers' Compensation Death Benefits
When a worker is injured on the job in Boston, he or she is typically prohibited from filing a personal injury lawsuit in civil court and must instead file a workers’ compensation claim. This system was introduced as a compromise between the needs of injured workers and the desire for business owners to be able to predict the cost of workplace injuries, so it can be included in their budgets.
The advantage to the injured worker is that there is no need to prove negligence in the case of an on-the-job injury. As opposed to a civil lawsuit, where an accident that was non-negligent is not actionable, workers’ compensation benefits are appropriate for any accident that occurred at work, even if it was not the employer’s fault. This will allow for a financial recovery in more cases than in civil personal injury lawsuits, where negligence must be established.
In the Commonwealth of Massachusetts, the Department of Industrial Accidents (DIA) oversees the workers’ compensation system.What is covered in Boston workers’ compensation cases?
In workers’ compensation matters in Massachusetts, employees who are injured on the job can be compensated for hospital bills, lost wages, and the cost of future medical expenses related to the injury. Many of these costs are far greater than one might initially think.
An example would be an on-the-job injury that results in a below-the-knee amputation. A modern artificial leg costs much more than it did a few decades ago. A custom prosthetic limb costs on average, more than $10,000 and only has a usable lifespan of three years. This means that every three years for the rest of the workers’ life, they will have to spend over $10,000 on a new prosthetic leg. This should be covered by workers’ compensation benefits.What happens if a worker is killed on the job in Boston?
We typically think of workers’ compensation as being used to cover workers who are injured on the job. What happens if a fatal workplace injury occurs? Massachusetts team of attorneys at the Law Offices of Jeffery S. Glassman, LLC know when a worker is killed on the job, his or her family can file a claim for workers’ compensation death benefits.
Workers’ compensation death benefits in the Commonwealth of Massachusetts will cover the hospital bills associate with the fatal accident, funeral expenses, and lost wages. In the case of a fatal on the job accident in Boston, lost wages can include the amount of money the worker would have earned during the remainder of his or her working life, had the fatal injury not occurred. His or her family members were dependent on the workers’ earnings during life and are still dependent on that money after death. It is not like the worker’s surviving spouse and children no longer need that money after he or she has been killed at work.How are Workers’ Compensation Death Benefits Awarded in Boston?
Workers’ compensation death benefits can be paid as either a lump sum one-time payment or paid out each month over time. This will depend on the type of settlement or court award associated with a particular case. However, workers’ compensation insurance carriers and employers worried about rising premiums may try to offer a family much less than the claim is worth. This is why you want an attorney who regularly handles these types of cases on your side to fight for a full and appropriate workers’ compensation benefits award.
It may be necessary for your attorney to consult with an economic expert and medical experts to show that the worker’s total lifetime earnings, had he or she not been killed in a on-the-job injury, would be significantly higher than the amount calculated by the employer or insurance company
If you are injured on the job in Massachusetts, call the Law Offices of Jeffrey S. Glassman for a free and confidential consultation to discuss your workers' compensation claim: 1-(617) 367-2900.
Boston Workers’ Compensation Attorneys - - Free ConsultationWorkers' Compensation Death Benefits
Losing a spouse or parent to an occupational injury or illness is a tragedy no one should have to endure. It’s compounded by the fact that oftentimes, the deceased was key to the financial stability of the household, and the loss of their income and other contributions is an especially difficult blow.
Thankfully, MGL ch. 152 § 31 provides for death benefits to surviving spouses and dependent children who lost a provider due to an occupational accident.
At The Law Offices of Jeffery S. Glassman, our compassionate workers’ compensation attorneys will work to shore up your economic future. We believe surviving spouses and children in their grief should receive support. Workers’ compensation payments are generally modest, but they can make a huge difference for surviving family members of workers killed on-the-job.
Death benefits cover:
- Up to $4,000 in burial expenses
- Weekly benefits equaling two-thirds of decedent’s average weekly wage (with limitations) as long as there is no remarriage and widow/widower remains “dependent”
- $60 weekly to each eligible dependent child upon spouse’s remarriage
If a work-related injury or illness results in the death of a worker, the insurer is required to pay the dependents of that employee. These include:
- Children by a former spouse
This may seem relatively straightforward, but it can complicated when spouses are estranged, or when children or adults or when the insurer disputes the cause of worker’s death or entitlement to benefits based on exemptions within workers’ compensation law.Worker Eligibility
One of the key determinations of whether death benefits will be available is whether the worker in life would have been eligible to receive workers’ compensation.
That requires showing injury arose out of and occurred in the course of employment, and that the worker was not exempt from benefits.
The good news is almost all workers are covered by workers’ compensation in Massachusetts. This is regardless of:
- How many hours they worked
- Whether employer paid them cash “under the table”
- Whether they were U.S. citizens or not
- Whether they were illegal immigrants
The one commonly-cited exception is workers who are independent contractors. It is true independent contractors are not entitled to collect benefits, and nor would their spouses or children in the event of their death.
However, it’s been estimated by the Department of Industrial Accidents that as many of 13 percent of all employers in Massachusetts misclassify at least some workers as independent contractors when they are, in fact, employees. So regardless of what the employer’s records indicate, it’s worth it in the event of a worker’s death to explore whether that label accurately describes the worker’s true role.Other Requirements
State statute provides for workers’ compensation death benefits for surviving spouses for so long as they are:
- Not fully self-supporting
For the first 250 weeks (almost five years) after the worker’s death, the surviving spouse is automatically deemed “not fully self-supporting.” However, after that time, the insurance company can petition an administrative law judge with the Department of Industrial Accidents for termination of benefits on grounds surviving spouse is now self-supporting.
The administrative law judge will make this determination based on:
- Spouse’s lifestyle
- Claimed expenses
- Reasonableness of expenses
- Income and income history
There have been some court cases that clarify the meaning of “fully self-supporting” in Massachusetts. Although there is no brightline rule, the Department of Industrial Accidents held in the 1996 case of Marconi v. Crusader Paper Co. that widows and widowers accustomed to a higher standard of living should be allowed more chance to achieve higher earnings before being deprived of their benefits.
Further, the judges in a 2006 case ruled that only earnings or investment income may be considered in the calculations – not benefits from Social Security Disability Insurance or pension from an employee benefit plan.What Are the Death Benefits?
In addition to the $4,000 in burial expenses, death benefits to spouses allow for two-thirds – or 66.67 percent – of the decedent’s average weekly wage, up to the weekly maximum rate set by the state at the time of worker’s death.
The maximum weekly rate is set annually on Oct. 1. As of Oct. 1, 2015, the maximum weekly rate was $1,214.99.
A worker’s average weekly wage is:
- Sum of total gross earnings
- Add in bonus pay or overtime
- For 52 weeks prior to injury date
- Divide by 52 (or number of weeks worked)
- Multiply average weekly wage by .66.67
If there is no surviving spouse, minor children and/or other dependents would equally share the compensation benefits.
Contact the Law Offices of Jeffrey S. Glassman today for a free and confidential consultation.
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