If you are an immediate family member or other dependent of a worker who died from an on-the-job injury, you may be entitled to death benefits under the Virginia Workers’ Compensation Act. Our Richmond workers’ compensation attorneys help families recover their workplace fatality benefits under the complex statutory provisions. We also assist with wrongful death claims against a third-party responsible for a workplace fatality. Our attorneys serve clients throughout the metro area and the Commonwealth of Virginia.
At Renfro & Renfro, we provide aggressive representation in securing workers’ comp death benefits for a deceased worker’s dependents. Our compassionate team of lawyers and staff provide guidance and support to each client. Our client-focused approach ensures close communication throughout the process. We take full responsibility for securing your financial compensation to enable you to focus entirely on your family and your own needs during the difficult and challenging time you face.
Workplace deaths occur for many different reasons, including safety issues, unexpected work conditions, or even actions by a co-worker. Common causes for death from a work injury include falls, electrical dangers, and burns arising from workplace conditions or machinery. Some types of work are particularly hazardous. Construction accidents are an example of work injuries that often result in severe injuries leading to a worker’s death.
If you are a family member or other dependent of a deceased worker, and you think that an on-the-job injury may have caused your loved one’s death, our experienced workers’ comp death benefit lawyers at Renfro & Renfro can help you determine your eligibility for workplace fatality compensation. Regardless of the cause of a workplace accident, the law entitles certain family members and dependents to recover death benefits.
Virginia workers’ compensation law provides death benefits to certain family members and dependents of a worker who dies as the result of a workplace injury within nine (9) years of an on-the-job accident. Dependent eligibility is subject to requirements and limitations established by the law.
Workers’ comp death benefits help family members cope with the financial challenges resulting from a worker’s death. If an injured worker survived the accident and was entitled to other workers’ compensation benefits after the accident, such as wage loss compensation, survivors may need to pursue a separate claim to receive those benefits. In addition, if a third party’s negligence caused the accident that resulted in death, eligible family members may be able to pursue a separate wrongful death claim.
The law determines beneficiary entitlement to death benefits according to an order of priority. Generally, the worker’s surviving spouse and children who meet certain qualifications receive the benefits. Other dependents may be eligible in some circumstances. If more than one dependent is eligible for the death benefits, the benefits may be divided among those who qualify.
For survivors to be eligible, a work accident that results in death must be compensable under the Workers’ Compensation Act. A claim for death benefits is subject to the same defenses as a workers’ comp claim made while an employee is living, such as that the injury did not occur during the course of employment.
Eligible beneficiaries may receive death benefits that include all medical, surgical, and hospital expenses of the injured worker; actual funeral and burial costs up to $10,000; accidental transportation expenses up to $1,000; and up to two-thirds (2/3) of the employee’s average weekly wages for a period not exceeding 500 weeks from the date of the injury. The wage loss time limitation is 400 weeks (rather than 500 weeks) for certain beneficiaries.
An employer’s workers’ compensation insurance company is usually responsible for paying death benefits. Like all insurance companies, these companies are in business to make money. That means they often assert multiple defenses to any workers’ compensation claim, including a claim for death benefits resulting from a worker’s tragic death.
If you have a potential death benefit claim, attempting to negotiate with an insurance adjuster on your own may result in jeopardizing your ability to recover benefits. Our Richmond workers’ compensation death benefit lawyers at Renfro & Renfro provide a free initial consultation and case evaluation. You can learn about your rights and the process for receiving compensation by discussing your case with us, without any cost or obligation.
If your loved one died from a workplace injury, our experienced Richmond workers’ compensation lawyers at Renfro & Renfro are here to help you and your family. You can count on us to get the full amount of workers’ compensation death benefits you and your family deserve under Virginia law, as well as evaluate your case for potential third-party personal injury claims.
We offer family members of injured workers a free consultation and case evaluation. Our attorneys assist clients in the Greater Richmond Region, including in Petersburg and Dinwiddie, and throughout the Commonwealth of Virginia. We welcome you to schedule a free consultation and case evaluation by using our online form.