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Iowa Workers Comp Death Benefits
If you recently lost a loved one due to a work-related injury or illness, their employer’s workers compensation insurance provider should be responsible for providing you with death benefits that can support you and your family until you are able to support yourselves. Continue reading to learn more about these death benefits and how they may apply to you.
Who Is Eligible for Death Benefits?
To qualify for death benefits in Iowa, we will need to demonstrate that you were financially dependent on your loved one at the time of their condition that caused their death. The amount that you’ll receive will depend upon how much you relied on them for financial support.
Dependents are classified as being either wholly dependent or partially dependent. A wholly dependent individual would be the deceased’s surviving spouse, any children under the age of 18, and children who are physically or mentally unable to care for themselves. Additionally, adult children under the age of 25 and full-time students can be considered wholly dependent on the deceased under certain circumstances.
You can also only be eligible for workers comp benefits if we are able to establish that your loved one’s death was directly caused by the conditions of their work environment.
For example, if your spouse worked in the construction industry and passed away after being struck by heavy equipment while on the job, your family would be entitled to workers comp benefits. However, if they were involved in the same accident but later died for an unrelated reason, your family will not qualify for workers compensation death benefits.
What You Can Expect to Collect
How much you’ll receive will be based upon how financially dependent you were on the deceased employee. Wholly dependent individuals will be able to collect up to 80 percent of the individual’s spendable weekly income. This 80 percent will be divided evenly between all whole dependents, not to exceed $1,765 (as of July 1, 2018).
If you are considered to be a partial dependent, you can only receive death benefits if there are no whole dependents. The amount you’ll receive will be based on how much the decedent financially supported you. For instance, if the deceased provided you with 20 percent of their income on an annual basis, you would be able to collect 20 percent of their spendable weekly earnings.
Minor children can receive benefits until they reach age 18, and surviving spouses can continue to collect benefits for the rest of their life or until they remarry. If a spouse does not share children with the decedent and remarries, they can collect a lump-sum payment of two years of benefits.
Additionally, the insurance company will provide the family with funeral and burial expenses, not to exceed $10,320.
Contact an Iowa Workers Comp Lawyer
When you or your family are dealing with the devastating loss of a loved one due to a work-related condition, you may be entitled to workers compensation death benefits.
If you need assistance obtaining the death benefits you need to continue supporting yourself and your family, reach out to a compassionate Iowa workers comp lawyer at Pothitakis Law Firm, PC. You can claim your free consultation today by completing the contact form below or by calling our office at 1-866-PLF-IOWA (753-4692).