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LuckyO | My husband is on worker's comp but what happens if he (god forbid) passes away? |
Does a wife continue to receive her husband's disability payments on his behalf or does it just dry up when the injured spouse has passed away? I've tried to contact Worker's Comp but their answers are confusing. |
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mbrcatz
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Workers comp and disability are two different things.
For workers comp, laws vary by state. Most states, if the employee dies of the injury, or injury related effects, will pay a widow survivor benefits. Not forever, though - again, it varies by state, but it's usually 2-5 years wages in some states, or until he would have reached retirement age in other states.
However, if he dies of something else, like a heart attack, then the lost wages payments cease, and nothing else is due to you. |
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aaron p
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That's what life insurance is for... |
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teresa m
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Well you would get some of his retirement and you would have to go to work. Most Americans these days DO have to work. Are you apposed to working? If you have children there are many well qualified daycare centers out there for your children and you can meet lots of good friends and people who are willing to show you the ropes if that should happen. But for now you need to focus on your husband and pray for him and take care of him. You need to quit worrying about yourself and take care of him. Sounds like he is the one in need. |
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Don Drapers woman
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You will need to file a separate claim for widows and dependent benefits. The death does need to be a result of the injury. Some states have scheduled disability payments and some states have unscheduled or general disability payments, some states have both types. So, depending on the type of disability, they may or may not continue. I am sure by now you are totally confused. Also every state is different in how long widows benefits are paid, The person who said 3-5 years is incorrect. Generally widows benefits will paid paid out until the surviving spouse dies or is remarried. Children's benefits will stop at the age of majority unless they are permanently disabled themselves. The main thing is that if a person dies while collecting workers compensation benefits, it has to be related to the injury. If the injury was years ago, you could even have a fight on your hands relating the death to the work comp injury. I hope your husband is fine, but if he has life threatening injuries, it might be worth talking to a work comp attorney in your state to ensure you receive benefits you are entitled to. |
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A decent answer
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There are so many different scenieros regarding work comp. If a person who is on work comp has a torn rotator cuff tear that required surgery than he dies at the operating table than yes...you and your children are entitled to benefits because if it wasn't for the injury at work, than he wouldn't be in work comp. However if your husband went to surgery that was unrealated to the work comp injury than you and your children are not entitled to benefits at all.
Lets take a scenerio.
Lucy and Larry have a child of 5 years old. Larry got into a accident at work, poor Larry had a rotator cuff tear that required surgery. Larry goes under the knife, but while in surgery some thing went wrong and he dies. Because of the work injury that resulted in surgery and his demise your entitled to benefits.
Lets say that Larry was going to need surgery, but he didn't go under the knife yet and he dies of a heart attack. Was that heart attack a result of the injury? Maybe, could be...the pills might have caused it. But he could have had heart disease as well. The adjuster would probably deny the benefits in this case and the widow will probably get an attorney and argue that the demise was a result of the injury caused at work.
If that scenerio does happen cost of the attorney's and medical opinons will cost both parties alot of money. This is where and adjuster would have to figure out the exposure and your attorney would also have to think of this as well. This might end up settling but if it does go to hearing, it could go 50-50.
Benefits are different in each state. In OR a widow will get benefits for the rest of their life and the child will get benefits as well up till 18 or until 22 when they are in college. In Hawaii the benefits only last for 6 years.
Sorry it's so long but each case is different. |
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badbill1941
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You you would probably start getting part of his Social Security after applying, however, upon his death, the Worker,s Comp would stop. |
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ca_workcompadvice
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Workers Comp benefits paid by the company would stop, unless the death was a result of the work injury.
If you're talking about permanent disability benefits, your husband can have those set up through some sort of structured settlement. Settlement is set up in an annuity of some sort that could be willed to whomever. |
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