Understanding Workplace Injury Death Benefits
In Wyoming, the Department of Workforce Services assists injured workers with workers’ compensation claims. They also facilitate medical reimbursement, vocational rehabilitation, travel reimbursement, and survivorship or death benefits. If your loved one was severely injured on the job and later succumbed to the injuries, or if they died at the workplace, you may have a claim for workplace injury death benefits.
Filing for Death Benefits
If your loved one lost their life in a workplace injury, you must file an application for death benefits with the DWS within one year of the death. If a child dependent of the deceased is enrolled in post-secondary education, they are eligible for benefits until they reach 25. If the child dependent is disabled, they may be eligible for lifetime benefits. Stepchildren dependents are also eligible. Along with an application, you must provide proof of kinship using a government issued identity document, marriage license, birth certificate, adoption order, or custody order if necessary.
If you or your loved one’s employer denies the claim, you have the right to appeal. You may be required to attend a settlement conference with the employer prior to an appellate hearing, but if you settle and accept a one-time payment, you waive eligibility to disability payments or death benefits. You can also request a lump sum payment if your claim is approved, but you should consult with legal counsel prior to accepting a settlement. You want to be sure the offer is comprehensive to the claim’s total worth.
The spouse or child can also receive benefits to pay for funeral and death expenses, not to exceed $5,000 total. Benefits cannot exceed 100% of total yearly salary at the time of the employee’s death. If your spouse or parent’s employer is challenging the worker’s compensation claim based on negligence or whether permanent or temporary injuries occurred, or if they claim that injury or death occurred because of the employee’s negligence, you do not have to accept their version of the facts. If retained, our lawyers at Rocky Mountain Personal Injury Center will investigate your case, hire subject matter experts and specialists, and determine what really happened. You may be entitled to additional benefits. If you were dependent on your spouse’s income prior to their severe injury or death, then you are entitled to compensation. The employers have workers’ compensation attorneys litigating workplace injury claims, and so should you.
Permanent Partial Benefits and Permanent Total Benefits
Permanent partial benefits are awarded to workers and their beneficiaries for permanent partial disability. Permanent partial impairment renders the employee unable to find suitable employment comparable to what they did before the accident. The employee cannot find work and is still actively looking for opportunities suitable to the permanent partial injury.
Permanent total benefits are issued to workers who suffered permanent injuries rendering them unable to work in any capacity. For example, if a worker was previously hired as a machinist and lost a limb, they can no longer find suitable employment in the field for which they are qualified and trained.
Schedule a Consultation Today
If you are suffering from a debilitating workplace injury, you are entitled to seek medical treatment. Even if your claim is being investigated, you can receive care immediately. If your loved one lost their life as a result of workplace negligence, as next of kin, you are eligible to receive survivorship benefits. Contact our attorneys at Rocky Mountain Personal Injury Center today to learn about your claim and potential options.
