Lawyers for Fatal Work Accidents in Springfield, Missouri
Also Serving Clients in Joplin and Across Missouri
Nothing can truly compensate you for the loss of a loved one in an on-the-job accident. However, if you are the spouse or dependent of an employee who was fatally injured at work, you may be entitled to workers' compensation payments that could help you carry on financially in the wake of your loved one's death. There are two circumstances under which a spouse or dependent may receive compensation for such a fatal accident:
- His or her loved one was an employee and died in a work-related accident.
- His or her loved one was an employee and received permanent partial or permanent total disability before dying of unrelated causes.
If your family member was lost in a tragic on-the-job accident, you have enough to deal with without worrying where the next paycheck will come from. At The Law Firm of Webster & Carlton, we are experienced fatal work accidents attorneys in Missouri, committed to helping you recover payments you may be owed after the tragic work-related death of your loved one.
Stabilize Yourself After A Shock
When an employee dies in a work-related accident, his or her spouse and dependent children are entitled to:
- Weekly benefits at the rate of 66 2/3 percent of the family member's wage the year before the accident
- A maximum of $5,000 in funeral expenses
A spouse in such a wrongful death case is entitled to lifelong benefits unless he or she remarries. Dependent children are eligible for benefits until the age of 18. Benefits for dependents can be extended in some cases, for example if:
- The dependent has a disability.
- The dependent is in the military.
- The dependent is in college at the time of the death.
When an employee dies of unrelated causes after receiving disability benefits, his or her spouse and/or dependents are not entitled to lifelong benefits. Instead, they may receive a lump sum of the disability benefits to which the injured spouse had been entitled.
Find Out Your Rights Today
Sorting through death benefits after a tragic work accident can be complicated and stressful. Let our knowledgeable, sympathetic fatal work accident lawyers do it for you.
Why Do I Need a Missouri Workers’ Compensation Attorney?A workers’ compensation claim can take several months, even years, to resolve, especially if you continue to suffer from the effects of your work-related injury. Your employer and its insurance company will be represented by highly skilled attorneys who know how to exploit an injured employee. You need to level the playing field by hiring a Missouri workers’ compensation lawyer who will fight on your behalf.
What Happens If My Employer Denies Me Workers’ Compensation Benefits?In many cases, your employer or their insurance company will promptly pay any workers’ compensation benefits. But if they deny benefits–or stop paying them before you receive what you believe you are entitled to under the law–then you have the right to file a claim with the Missouri Division of Workers’ Compensation. An administrative law judge appointed by the Division will review your claim and either conduct mediation between you and your employer, or alternatively hold a formal hearing to determine your right to compensation.
What Kinds of Injuries Are Covered?
Under Missouri law, workers’ compensation only covers injuries that arise “out of and in the course of employment.” This includes accidents that occur during your work shift. It also includes “occupational diseases” contracted at work, provided workplace exposure was the “prevailing” cause.
Workers’ compensation is not necessarily limited to injuries suffered at your normal workplace. If your job requires you to travel–i.e., make deliveries or conduct on-site work with clients–you may be compensated for injuries sustained in the course of such travel. However, Missouri workers’ compensation law specifically excludes injuries sustained while commuting from home to work and back, even if you use a company-owned car.
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