The state of Illinois guarantees workers’ compensation for all employees who suffer a disabling injury at work. If a worker dies as the result of a job-related accident, the worker’s beneficiaries may be paid survivors’ benefits in accordance with Illinois law. This quick guide can help bereaved family members understand the benefits to which they are entitled after a wrongful death on the job.
Who is entitled to collect the Illinois survivors’ benefit?
The Illinois survivors’ benefit is awarded to the following beneficiaries, in order of preference:
- The primary beneficiaries of a deceased worker in the state of Illinois are defined as the surviving spouse and any living children under 18. They have the highest priority for benefits.
- If there are no primary beneficiaries, workers’ compensation payments may be made to dependent parents of the deceased employee.
- If the deceased employee has no dependent parents, the Illinois survivors’ benefit may be offered to other family members who were at least 50 percent dependent on the employee.
All posthumous workers’ compensation benefits in Illinois may be subject to arbitration if the case is controversial or disputed.
How is the Illinois survivors’ benefit calculated?
According to the regulations of the Illinois Workers’ Compensation Commission, the survivors’ benefit begins with a payment of $8,000 for burial costs. (This marks an increase from the previous burial benefit of $4,200 for deaths that occurred prior to February 1, 2006.) The permanent weekly benefit is then calculated as two-thirds of the worker’s average weekly wage during the year preceding the fatal work accident.
Can benefits paid to survivors ever change?
Benefits may be increased annually to reflect changes in the cost of living. The Illinois Rate Adjustment Fund is designed to cover the added cost of living for bereaved family members and dependents as time passes. If a surviving spouse remarries without eligible children, the IWCC will award a final lump sum of two years’ compensation, after which benefits will stop. If eligible children are present, benefits will continue until the last child turns 18. When the newly married couple no longer has eligible children, benefits will cease.
Survivors’ benefits are an important part of the American safety net
Although no one enjoys thinking about possible death or bereavement, it is important to know how survivors’ benefits work. According to the Occupational Safety and Health Administration, 4,405 workers died from on-the-job injuries in 2013. By learning more about this important safety net, family members can enjoy increased financial security by knowing how and when to seek posthumous workers’ compensation. Call a workers’ compensation attorney today to find out more.
