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Q: If I die on the job, could my family receive workers' compensation benefits?

A:

Yes, certain family members could be entitled to receive Pennsylvania workers' compensation death benefits. 

If the deceased would have been eligible for workers' compensation benefits, there are a few people who may be able to receive those benefits instead. They are ranked in the following order:

  1. The surviving widow or widower if there are no children under the age of eighteen
  2. The surviving widow or widower and a surviving child or children, in which event the widow or widower shall receive one-half and the surviving child or children shall receive the other half.
  3. The surviving child or children if there is no surviving widow or widower.
  4. If there is no surviving widow or widower and no surviving child or children of the deceased, then to the father or mother, if dependent to any extent upon the employee at the time of the injury. There are many more stipulations surrounding this rule, so be sure to look more into eligibility. 
  5. If there are no persons eligible as named above, then the next in line as brothers and sisters, if they were dependent upon the deceased for support at the time of the person's death. 

If there are absolutely no dependents, the reasonable expense of burial, not exceeding three thousand dollars, will be paid by the employer or insurer directly to the undertaker. 

Determining eligible parties and the amount of compensation can be quite overwhelming, so it can be extremely helpful to seek the assistance of an experienced workers' compensation attorney. Harrisburg law firm Schmidt Kramer will make sure you receive the compensation that you deserve following the death of your loved one—call today for a free consultation at 888-476-0807.