Yes, if a relative passes away in a work incident, you can file for a workers’ compensation claim for survivor benefits through Section 31, 32, and 33. Unfortunately, you cannot sue for pain and suffering. Under Section 31, survivor benefits, which allocate a percentage of deceased members’ salary (usually two-thirds of their average weekly wage) to the spouse and dependents in the family.
Under Section 32, certain family members are presumed to be dependent, i.e. spouse and children under 18 years old. Remember, if your spouse dies in a work accident and you remarry, you will not be entitled to survivor benefits. Please speak with an attorney about settling your workers’ compensation claim.
Under Section 33, burial allows you to file for burial expenses. Neither of these benefits affects or discontinue any life insurance policy in action.
In conclusion, you certainly have a workers’ compensation claim if your spouse suffers a severe work injury that results in death. You need to contact an attorney who can help navigate the nuances of these types of workers’ compensation claims while you are going through an extremely difficult time. The attorneys at Keches Law Group have handled hundreds of these cases throughout their careers.
