Death Benefits

Was Your Loved One Killed on the Job? Our Work Injury Lawyers Can Help

If a catastrophic workplace accident or exposure caused the death of your loved one, please reach out to our firm so we can help guide you through the workers’ compensation system during this difficult time. While we understand that no amount of money can erase the pain you experience after the loss of someone you love, obtaining death benefits after a family member is killed on the job can help relieve some of the financial stress you’re experiencing so you can focus on healing.

You’ve been through enough. You should not have to worry about how you’re going to pay for funeral expenses after someone you care about has died. Or how you will make ends meet when the financial support your loved one provided is no longer there. If a workplace accident has taken the life of your spouse or parent, let us help. You may be entitled to receive money for burial expenses. You may also be awarded death benefits that could pay out for the rest of your life. Give us a call today to find out more about how we can help you put your life back together.

Are You Eligible for Death Benefits?

Not everyone who has lost a loved one to an on-the-job accident will be eligible to file a claim for death benefits. In Nevada, only the deceased employee’s spouse, minor children, and some other dependents may collect death benefits through workers’ compensation.

• If you are the spouse of the deceased worker, you may be entitled to receive death benefits for the rest of your life.
• If you are the minor child of the worker who was killed, you could receive payments until you reach the age of 18. If you’re a full-time student, those benefits may be paid until you turn 22.
• Other relatives who were supported by the deceased can sometimes receive death benefits as well. If you were the dependent parent, sibling, or another relative who received financial support from the worker who was killed, give us a call to see if you qualify.

Filing a Claim for Death Benefits in Nevada

To win a claim for death benefits through the workers’ compensation system in Nevada, a workplace accident or exposure must be the primary cause of death. A death benefits claim must include:

• The Employee’s Claim for Compensation
• Proof of death
• Proof of the claimant’s relationship to the deceased worker
• Any certificates from the attending physician
• A C-4 form (NAC 616C.076)

Claims for death benefits must be filed within one year from the date the worker died. They are completely separate from the workers’ compensation claim the employee files while he or she is alive. Death claims can be filed regardless of whether a claim for work injuries was ever filed by the deceased.

How Benefits Are Paid When Your Loved One Is Killed at Work

If your loved one dies due to a work injury, getting the benefits you and your family members deserve can be tricky enough, but understanding how the money is paid is a whole other ballgame. We’ll help you work through the legal maze so you can better understand what to expect. In the meantime, here is an overview of how a death benefits claim works.

Death Benefits for the Surviving Spouse and Dependents

If you are the surviving spouse of the worker who was killed, you may be entitled to receive up to two-thirds of the worker’s average monthly wage for the rest of your life. To qualify, you must have been married to the worker at the time of his or her death. Ex-spouses do not qualify. In Nevada, benefits payments are capped at 150% of the state average weekly wage multiplied by 4.33. The maximum benefits amount is adjusted on June 30 of every year. The family situation of the deceased employee impacts how death benefits are split.

• If the worker had minor children from a prior relationship, the children and the spouse will split the monthly death benefits until the children age-out. The spouse will receive 50% of the death benefit and the children will split the remaining 50%.
• If there was no qualifying spouse at the time the worker died, surviving children will split the death benefit until each turns 18, or 22 if full-time students.
• If the surviving spouse dies while there are minor children, the children split the death benefits until the age of 18 or 22 is reached.

When no surviving spouse or children exist, other family members may qualify to receive death benefits.

• If you are the surviving parent who was wholly dependent on the worker who was killed, you may be able to receive one-third of the employee’s wages.
• When both parents are wholly dependent on the deceased worker, they can receive two-thirds of the employee’s wages.
• If you are the minor sibling of the deceased worker and you were totally dependent on him or her for financial support, you may be entitled to a proportionate share of the death benefit until you turn 18.

Partial dependency payments may also be available for relatives of the deceased worker if they are partially dependent on his or her financial support. If you were partially dependent on someone who was killed at work, you’ll need to prove dependency and that you were related in some way. If you are the ex-spouse of the worker, you won’t be eligible. If you qualify, we can help you obtain partial dependency payments for up to 100 months.

If your loved one was killed on the job, give us a call right away. To be eligible for monthly death benefits and up to $10,000 in benefits for burial expenses, you’ll need to file a claim before time runs out. Reach out to us so we can get started helping you put your life back together.