How Can I Get Survivor Benefits After a Fatal Workplace Accident?

 Posted on January 13, 2025 in Workers' Compensation

When your loved one never comes home from work after a deadly accident, the resulting grief can be crushing. Alongside your anguish, you may also be dealing with newfound financial woes due to the loss of income to your household. A supportive Joliet, IL workers’ compensation attorney can help you get compensation through survivor benefits, affording you financial security for years to come. 

At Rathbun, Cservenyak & Kozol LLC, we have extensive experience securing workers’ compensation on behalf of injured employees and their families. In past cases, we have secured millions in verdicts for our clients through intense negotiation. As the largest and most diverse firm in Will County, we have the resources to handle any case that comes to our office, and we provide all of our clients with individual attention.

Eligibility

Before you apply for survivor benefits, you should make sure that you are eligible to collect compensation. In Illinois, only the spouse and minor children of the deceased worker are able to receive survivor benefits. An exception may be made for children up to age 22 provided that they are full-time students. Moreover, you have a three-year deadline to submit an application for survivor benefits.

The Application Process

You can get an application for survivor benefits from the Illinois Workers’ Compensation Commission. As part of this accident, you will have to supply details about the accident, including the date it occurred, how it occurred, and the location of the incident. A workers’ comp attorney can help you fill in the details while avoiding any sources of liability that could result in your claim being denied.

Negotiating for Compensation

If you receive compensation for survivor benefits in Illinois, you will receive a portion of your spouse’s regular wages for 25 years or no more than $500,000. Separate from the death benefits, you will also be compensated for burial expenses.

However, compensation is not necessarily a guarantee in these cases. Your claim may be denied for several reasons, not all of them legitimate. For instance, the employer may attempt to argue that your loved one had a pre-existing condition that resulted in the death, rather than a hazard in the workplace. A workers’ compensation lawyer can argue your case aggressively, unrelenting in the face of setbacks.

Arbitration and Subsequent Appeals

In the event that your claim gets denied, our attorneys are prepared to appeal your case until we secure deserved compensation on your behalf. Appeals for these claims are handled in arbitration rather than in court. We will gather evidence to make a persuasive case to the arbitrator, leaving no stone unturned in our investigation.

Meet With a Joliet, IL Workers’ Compensation Lawyer Today

If you have lost a loved one to a workplace accident, you deserve fair compensation for your loss. A Will County, IL workers’ compensation lawyer at Rathbun, Cservenyak & Kozol LLC can be your best advocate after a tragic accident, fighting for your right to a long-term financial remedy. To schedule a free consultation with our attorneys today, call us at 815-730-1977.