Slusky & Walt

abe
  • HOME
  • ABOUT US
  • ATTORNEYS
  • AREAS OF SPECIALTY
    • Social Security Disability
    • Medical Malpractice
    • Auto Accidents
    • Motorcycle Accidents
    • Dog Bite Injuries
    • Catastrophic Injuries
    • Workplace Accidents
    • Truck Accidents
    • Wrongful Death
    • Birth Injury
  • BLOG
    • Social Security Disability
    • Medical Malpractice
      • Birth Injury
    • Auto Accidents
      • Car Accidents
      • Pedestrian Accidents
      • Motorcycle Accidents
      • Truck Accidents
    • Workers’ Compensation
    • Dog Bite
    • Personal Injury
    • Wrongful Death
  • CONTACT US

Michigan Workers’ Compensation Death Benefits

September 17, 2014 by John Walt Leave a Comment

Michigan Workers’ Compensation Death Benefits

Unfortunately, workplace accidents occur far more often than most people realize in the United States. In most cases, those accidents result in injuries that can be treated; however, sometimes a workplace accident or even a work related illness results in death. When that occurs, survivors may be entitled to death benefits from the Michigan workers’ compensation system. If you lost a spouse or parent to a workplace accident or illness you could be entitled to those benefits. Only an experienced Michigan workers’ compensation attorney can evaluate your specific situation and provide individualized advice and guidance; however, a basic understanding of the benefits that may be available to you as a survivor is a good place to start.

 

First, the estate of the decedent is entitled to a burial allowance of $6,000. That benefit applies even if there are no qualified survivors. In addition, survivors who qualify as a dependent of the fatally injured worker may also be entitled to wage loss benefits. Children of the decedent are presumed to have been dependent on the deceased worker. Anyone else, including a spouse, must prove that they were actually dependent on the deceased worker to be entitled to benefits. It is possible to have been only partially dependent on a decedent. In that case, you would receive benefits but at a reduced rate.

 

Wage loss benefits that a dependent is entitled to are usually calculated in the same manner a wage loss benefits payable to an injured worker. That is to say that a dependent would receive 80 percent of the after-tax value of the deceased worker’s wages at the time of the injury or illness. There is, however, a minimum benefit amount that is equal to 50 percent of the state average weekly wage at the time of the injury or illness.

 

For all dependents except a minor child, death benefits are paid for up to 500 weeks. The number of weeks benefits are paid is reduced if the worker received any benefits prior to his or her death. For minor children, benefits typically continue until age 18; however, it is not uncommon for a court to order benefits to continue until age 21, or longer if the child is physically or mentally incapacitated.

 

Death benefits can dramatically ease the financial hardship caused by the loss of a family member; however, navigating the Michigan workers’ compensation system to get approved for those benefits can be difficult. If you believe that you qualify for death benefits as a survivor, consult with an experienced Michigan workers’ compensation attorney as soon as possible.

  • Author
  • Recent Posts
John Walt
John Walt
John Walt began practicing law in 1980 having graduated from the University of Michigan in 1977 and the University of Detroit Law in 1980. His practice areas have taken him to courts all over the state to Detroit, Flint, Saginaw, Bay City and points in between.
John Walt
Latest posts by John Walt (see all)
  • Can I Get Social Security Disability If I Suffer from Diabetes? - November 25, 2014
  • Can I Get Disability Benefits If I Can Work Part-Time? - November 18, 2014
  • What Is The Deadline for Filing a Personal Injury or Wrongful Death Case after a Truck Accident in Michigan? - November 11, 2014

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Contact Us

  • This field is for validation purposes and should be left unchanged.

Find Us On Facebook

Map

Slusky & Walt, P.C.

Attorneys at Law
248-559-9100

Southfield

17515 West Nine Mile Road, Suite 400 Southfield, MI 48075

Flint

G-4030 Corunna Road Flint, MI 48532

Saginaw

1024 N. Michigan Ave. Saginaw, MI 48602

Romulus

36830 Goddard Road Romulus, MI 48174

East Side Location

25501 Van Dyke Centerline, MI 48015

Office Hours

Monday-Friday:
8 a.m.-5 p.m.
Evening & Weekend
Appointments

Slusky & Walt

ft_logo

1-800-ABE-HELPS

1-800-223-4357

1-248-559-9100

sluskyandwalt@gmail.com
© 2014 Slusky & Walt, PC.
All Rights Reserved. | Disclaimer | Privacy Policy

Copyright © 2025 · Slusky Theme on Genesis Framework · WordPress · Log in