Tennessee Workers Compensation Death Benefits
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Most Worker’s Compensation claims deal with an ongoing illness or disability. However, at times a family will find themselves dealing with the death of a loved one due to a work-related injury and need to understand Worker’s Comp and Death Benefits. As described below, these cases are complicated and you may need a Tennessee Workers’ Compensation Lawyer to sort the issues out.
Contact a wrongful death attorney in Knoxville today to pursue justice for your loved one.
Call (865) 691-2777 for a free case evaluation.
Common Workers’ Compensation Death Claims Questions
My spouse died at work what is his Tennessee Workers’ Compensation claim worth?
A married partner is entitled to 66.66% of her spouse’s average weekly wage for as long as she is dependent upon her spouse’s income. This is provided for in Tenn. Code Ann. Section 50-6-210. Children can also be dependents and receive this benefit. Workers’ compensation only pays for the period of dependency. So, for example, the dependent children receive a share until they reach the age of 18. Dependent spouses only receive the benefit until they remarry. More dependents does not change the fact that the beneficiaries split 66.66% of the deceased person’s average weekly wage. The State does have a minimum weekly benefit to consider in circumstances of very low wage earners.
Is there are cap on a Tennessee Workers’ Compensation death claim?
Yes, there is a cap on a Tennessee Workers’ Compensation death claim. “[T]he only limitation on death benefits to dependents is that the compensation be paid during dependency and must not exceed the maximum total benefit.” Jones v. Gen. Acc. Ins. Co. of Am., 856 S.W.2d 133, 135 (Tenn. 1993). You have to look at the state publication of the maximum total benefit for the date of injury to determine the maximum total benefit.
What if I was separated from my spouse at the time he died from a work injury?
Unfortunately, if you were separated from your spouse at the time he died of a work injury, you would not be considered a dependent and would not be entitled to dependent pay for the death injury.
What will I need to know to prove a death claim under Tennessee’s Workers’ Compensation law?
You will need to prove that work was more 50% of the cause of death. This can happen on many different types of claims including work-related motor vehicle accidents, falls from roofs, heart attacks at work, strokes at work, and even work-related complications of surgery. Many of these types of accidents will require the hiring of a medical expert. For example, in order to prove that a heart attack was work-related you must prove more than that the heart attack occurred at work. You must prove that there was something about the work that day that caused the heart attack to occur.
What information should I gather if my spouse died at work?
You will need to be able to prove you were in fact married generally through a marriage certificate. You should also gather any information which will help prove the claim occurred because of a work accident. For example, the Tennessee Occupational Safety and Health Administration (TOSHA) should have performed an investigation if an accident at work led to a death. You will want to get a copy of any TOSHA report. You will also want to gather any autopsy report.
Will I need an attorney for a death claim?
It is worth having an attorney review the claim to make sure that you are getting everything you are entitled to. You should also pay attention to the signs that the Workers’ Compensation Carrier is looking for a reason to fight the claim. If they fight it, get an attorney.
Insurance companies will often attack Death Benefit cases claiming that the death was caused by something other than a work accident. You may need a Knoxville workers’ compensation lawyer to fight this argument.
If you have questions about Death Benefits and your workers’ compensation claim, please call a Knoxville personal injury attorney from The Lawyers of Brown & Roberto. We will be happy to review any questions you may have about Death Benefits or any of your other personal injury questions.