Losing a loved one in a workplace accident is devastating, bringing grief, emotional turmoil, and financial hardship. Fortunately, Alabama’s workers’ compensation laws provide survivor benefits to eligible family members who depend on the deceased worker’s income.

At Tyler Mann Injury Law, our Huntsville workers’ compensation lawyers understand the vital need for financial support after losing a loved one. We advocate for the benefits you deserve while providing compassionate legal assistance during this difficult time.

Survivor Benefits Under Workers’ Compensation

Alabama’s workers’ compensation program offers survivor benefits to assist families financially after a work-related death. These benefits typically include:

  • Burial Expenses: Under Alabama Statute 25-5-67, the employer or their insurer must pay up to $6,500 for funeral and burial expenses.
  • Death Benefits: Dependents may receive weekly compensation based on a percentage of the deceased worker’s average weekly earnings. Under Alabama Statute 25-5-60, one dependent receives 50% of the average weekly earnings, while two or more dependents receive 66⅔%.

Benefits are subject to the state’s maximum weekly compensation rate, which is adjusted annually. As of July 1, 2024, the most recent increase is $1,130.00 weekly.

  • Duration of Benefits: Death benefits can be paid up to 500 weeks from the date of death. However, benefits to a spouse terminate upon remarriage, and benefits to children typically end at age 18.
  • Lump Sum Payment: If no dependents exist, a one-time payment of $7,500 is made to the deceased worker’s estate.

How to File a Claim After the Death of a Loved One?

You must take action immediately to preserve your rights to survivorship benefits under Alabama’s workers’ compensation. File your claim with the following steps:

  • Notify the Employer: Report the accident to your loved one’s employer within five days. This notification should be in writing and detail the circumstances surrounding the incident.
  • Collect Documentation: Gather all necessary documentation to support your claim, including the death certificate, medical records, and accident or illness reports. You may also need a marriage certificate for spouse claims, birth certificates for dependent children, and proof of financial dependency.
  • File a Claim with the Employer’s Insurance: Submit the required forms to the employer’s workers’ compensation insurance carrier. A dependent or representative of the deceased’s estate must file a claim with the Alabama Department of Labor’s Workers’ Compensation Division.
  • Follow-up: Stay in regular contact with the insurance carrier to monitor the status of your claim. Be prepared to provide additional information if requested.
  • Meet Deadlines: File for benefits within two years of your loved one’s date of death. It may be denied if you try to submit a claim after this time.
  • Attend Hearings: If the claim is disputed, you may need to attend hearings before an administrative law judge. In Alabama, you can work with the Workers’ Compensation Ombudsman or a direct appeal with the Hearings and Appeals Division.

How Our Attorneys Can Help

Filing a workers’ compensation death claim while grieving can be challenging. To ease your burden, our skilled Huntsville workers’ compensation lawyers can assist you with the following:

  • Case Evaluation: We can review your case to determine eligibility for benefits and identify all potential sources of compensation.
  • Paperwork and Deadlines: Our team handles all paperwork and ensures all deadlines are met, preventing potential benefits loss due to procedural errors.
  • Gathering Evidence: We collect and present all required documentation to support your claim, including medical records, employment records, and proof of dependency.
  • Negotiating with Insurers: We manage all communications with the workers’ compensation insurance company, protecting you from potentially unfair settlement offers.
  • Representing You at Hearings: If your claim is disputed, we can represent you at all hearings and appeals, presenting a strong case for your right to benefits.
  • Exploring Additional Options: In some cases, there may be grounds for a wrongful death lawsuit against a third party (not the employer). We investigate this possibility to ensure that you receive all available compensation.

Get Legal Support for Your Workers’ Compensation Death Claim

Losing a loved one in a work-related accident is heartbreaking. Alabama’s workers’ compensation laws support grieving families. Understanding your rights and filing a claim can secure the benefits your family needs.

Trust the compassionate and experienced team at Tyler Mann Injury Law to guide you through this difficult process and help you obtain the compensation you deserve. Contact us today for a free, confidential consultation, and let us help you get the benefits your family deserves.