Philadelphia Workers’ Compensation Death Benefits Attorney

Losing a loved one due to a work-related accident or illness is a devastating experience. While no amount of compensation can replace their presence, workers’ compensation death benefits can provide financial support to the surviving spouse, children, or other dependents. These benefits help families cover funeral costs, lost income, and ongoing financial needs.

At Stampone O’Brien Dilsheimer Holloway, our Philadelphia workers’ compensation attorneys help families navigate the complex process of securing the full benefits they are entitled to. If your loved one passed away due to a job-related injury or illness, contact us today for a free consultation.

Who Is Eligible for Workers’ Compensation Death Benefits?

Under Pennsylvania law, certain family members may receive death benefits if a worker’s death was caused by a work-related injury or illness and occurred within within a certain timeframe of the original injury. Eligible beneficiaries include:

Surviving spouse
Children under 18
Children under 23 in full-time education
Disabled dependent children
Dependent parents or siblings

Additionally, Pennsylvania law provides a funeral expense benefit to the family of a deceased worker.

How Are Death Benefits Calculated?

Workers’ compensation death benefits are calculated as a percentage of the deceased worker’s average weekly wage (AWW). The amount depends on the number of dependents. If there are multiple dependents, benefits are shared among them according to Pennsylvania workers’ compensation laws.

Common Reasons for Death Benefits Claims

Workers’ compensation death benefits apply to fatalities caused by work-related accidents, occupational illnesses, and long-term exposure to hazardous conditions. Common cases include:

Fatal workplace accidents: Falls, machinery accidents, vehicle crashes, and electrocutions.
Exposure to toxic substances: Asbestos, silica dust, and hazardous chemicals can lead to fatal diseases like mesothelioma and lung cancer.
Occupational illnesses: Long-term workplace conditions that result in fatal diseases, including heart disease, respiratory failure, and infections.
Delayed work-related injuries: If a worker suffered a serious injury but passed away months or years later due to complications, their family may still be eligible for benefits.

If you believe your loved one’s death was work-related, it’s essential to act quickly to file a claim and secure the compensation you deserve.

What If a Workers’ Compensation Death Benefits Claim Is Denied?

Unfortunately, employers and insurance companies often dispute or deny death benefits claims to avoid large payouts. Some common reasons for denial include:

The death was not work-related.
Insurers may argue that the injury or illness was caused by non-work factors.

Failure to file a claim on time.
If the death occurred more than 300 weeks before seeking benefits, they may be denied.

Allegations of misconduct.
If the worker was under the influence of drugs or alcohol at the time of the incident, benefits may be denied.

Disputes over dependent status.
If the insurance company questions whether a claimant is a legally dependent family member, they may reject the claim.

At Stampone O’Brien Dilsheimer Holloway, we fight back against wrongful denials by gathering medical records, expert testimony, workplace safety reports, witness testimony, and other critical evidence to prove your case.

How to File for Workers’ Compensation Death Benefits in Pennsylvania

Filing a death benefits claim involves several legal steps, and strict deadlines apply. Here’s what families should do:

File a Fatal Claim Petition.
This official claim must be submitted to Pennsylvania’s Workers’ Compensation Bureau.
Provide medical and employment records.
You must show proof that the worker’s injury or illness was job-related.
Attend a workers’ compensation hearing
If the claim is disputed, a judge will review medical evidence and testimony to determine eligibility.
Receive benefits upon approval.
If the claim is accepted, benefits are paid according to Pennsylvania’s compensation schedule.

Because workers’ compensation cases can be complex, it’s critical to work with an experienced attorney who understands Philadelphia’s workers’ compensation laws.

Why You Need a Philadelphia Workers’ Compensation Death Benefits Attorney

Filing a death benefits claim can be overwhelming, especially while dealing with the emotional and financial stress of losing a loved one. An experienced Philadelphia workers’ compensation attorney can:

Ensure all paperwork is filed correctly and on time;
Gather strong medical and employment evidence to prove the claim;
Challenge wrongful claim denials and fight for full benefits; and
Negotiate with insurance companies to secure maximum compensation.

At Stampone O’Brien Dilsheimer Holloway, we support families with compassion during life’s most difficult moments and work tirelessly to secure the financial stability they’re entitled to.

Contact a Philadelphia Workers’ Compensation Death Benefits Lawyer Today

If your loved one suffered a fatal workplace injury or illness, you may be entitled to workers’ compensation death benefits. Let Stampone O’Brien Dilsheimer Holloway help you navigate the claims process and secure the compensation your family needs.

Call today for a free consultation. Our Philadelphia workers’ compensation attorneys are ready to fight for your rights and ensure your family is protected.

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