What are death benefits?

Death benefits are generally a fixed amount, so you may not need an attorney. Our office is typically needed only in limited circumstances: when the work comp death benefits are denied, when there is a third party claim or when the workers compensation insurance company does not recognize a legal dependent. When we are contacted by a dependent that has been offered the maximum amount available under the Tennessee Workers Compensation Act, we can usually confirm the benefits due with the dependent and let them know that paying an attorney is not necessary. If, however, a dependent can benefit from our services we can also explain how and why.

In general, if an employee dies as the result of a work accident, the widow, widower or dependent(s) are entitled to 50% of the employee's average weekly wage. This amount is capped at the applicable maximum compensation rate. If the worker leaves behind a widow/widower and at least one dependent, the beneficiaries are entitled to 66 2/3% of the average wage or maximum compensation rate. It is important to note that the dependent does not have to be a biological child but can simply be a person that was financially dependent on the employee. This is often a point of dispute in these cases. Finally, if the employee leaves no dependents behind, then there is to be a $20,000.00 lump sum payment to the estate. The employer is also required to pay burial expenses and any medical expenses incurred prior to the death.

If you have questions regarding benefits available for the death of an employee feel free to contact our office. You may not need an attorney, but it is important to know that you are receiving the maximum benefits available before you resolve the workers compensation claim.