What happens to my Workers’ Compensation benefits if I die?

What happens to your Pennsylvania Workers’ Compensation benefits if you die?

Husband and wife workers' compensationIn a typical case where a worker is receiving workers’ compensation wage-loss benefits for a work injury, all benefits stop upon that worker’s death. This is not to be confused with the case where an employee is killed at work. When an injured worker dies as a result of his work injury, there may be benefits available to any dependents and a lawyer should be involved immediately. But that is the subject for another post. If a loved one was killed at work, please call our office right away to schedule a free consultation.

The important point is that there is no general right for the surviving spouse or children to continue receiving workers’ compensation wage-loss benefits after the death of the injured worker, provided the injured worker’s death wasn’t work-related. This can have a devastating economic impact on the surviving spouse, who is already grief-stricken and then saddled with economic hardship from the spouse’s work injury.

I remember vividly the sad case of a young man that I represented many years ago. We negotiated a settlement for him, but he decided not to settle. A few months he came back and had changed his mind, and we were able to reopen negotiations. Sadly, within a few months of the settlement, he died unexpectedly of a heart attack. Fortunately, however, since his case was settled, his widow at least had some funds in the bank as a result of the previous settlement. Had he not settled, she would have received nothing after his unexpected passing.

There are many factors to consider in deciding whether or not to settle your workers’ compensation case. At Bernard Stuczynski Barnett & Lager, we offer a free consultation to discuss your injury claim. There are many reasons why a settlement of a compensation claim may or may not be advisable. Providing some peace of mind to your spouse may be a factor that you had not previously considered. If you wish to speak with one of our Erie lawyers. call us at 814-452-6232.

4 thoughts on “What happens to my Workers’ Compensation benefits if I die?

  1. My father recently past away in May 2019 he settled his case with open future medical care they didn’t give him all his settlement they where giving him lumsum payments when he past they settled his medical care my question is dose his minor kids get any benefits and his widow spouse

  2. I have a question
    My child’s dad was killed in a work accident 3 weeks ago He was my child’s provider ..
    he was not my boyfriend or anything
    Just the father of my child dose my child get any benefits??

  3. My daughter was negotiating settlement of her Workers Compensation Case (CA).

    She passed away, prior to the case settlement. There are know children.

    WC will close the case, will the settlement be paid to the family.

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