Mt. Pleasant Workers’ Compensation Death Benefits Attorney
Serving Everyday Families in South Carolina
There are no words to describe just how painful it can be to lose someone you love without warning. After an accident, you may be feeling numb, overwhelmed, isolated, or a variety of emotions that prevent you from being able to do much else besides grieve. However, your family may be in trouble financially if you were dependent on the person who passed away. Along with losing an income, you may also be facing medical bills and burial or funeral expenses.
Bluestein Johnson & Burke, LLC is available to help you if your loved one died in a work-related accident. Through South Carolina’s workers’ compensation system, our Mt. Pleasant workers’ comp death benefits attorney can help your family file a claim and recover the compensation you need to pay your bills. Our team has a thorough knowledge of work-related claims and our state’s various statutes. You can trust us to handle your case with care while you focus on spending this time with your loved ones.
Schedule your consultation today in South Carolina by contacting our team online or by phone at 843-418-0750. We’re also available for weekend and evening appointments and can easily accommodate your schedule.
Workers’ Compensation Death Benefits in South Carolina
Like most states, South Carolina offers financial protection for workers who have been injured, fallen ill, or have been killed on the job. Under this system, injured workers can receive benefits that include medical expenses, lost earnings, and disability benefits. If a worker has passed away in an accident or from their injuries at work, certain family members can be entitled to what is known as death benefits.
Under South Carolina law, death benefits include:
- All medical expenses accrued by the worker as a result of their injury or illness up until their death
- Benefit payment of two-thirds of the worker’s average weekly wage for up to 500 weeks
- Burial expenses up to $12,000
All workers’ compensation death benefits claims are exempt from creditor claims and estate taxes.
When Should I File for Benefits?
In South Carolina, families have two years from the date of their relative’s death to file a claim for workers’ compensation death benefits. It’s important to note that the clock begins ticking after the death, not the accident that caused the injuries. Though two years seems like a long time, your family needs financial support now, which is why you should call our team to get started on your case as soon as possible.
The amount of time it will take to access benefits varies, especially if your claim is contested. Insurance companies do a thorough investigation when a claim is filed, and they often dispute claims if there’s not sufficient evidence to show the death was work-related. Some insurance companies and employers will also allege that the death was brought about because of the workers’ reckless or criminal behavior. Because many complications can arise, hiring an attorney to defend your rights is key.
Who is Eligible to Receive Death Benefits?
Benefits are paid to family members who were wholly dependent on the worker. This typically refers to the workers’ spouse or dependent children. South Carolina law gives the surviving spouse at least half of the maximum benefit, though children can qualify if they’re under 18. If someone other than a spouse or child was dependent on the worker, they must prove that the worker was their main source of income in order to apply for benefits.
If, however, there are no dependents, including spouses or children, partial death benefits may go to other survivors, but this is rare. The workers’ personal estate representative will typically get the costs for burial and administration of the estate, while the rest will be distributed according to law.
If you’re struggling with a work-related loss, you don’t have to go through this time alone. Our workers' compensation attorney has years of experience and can help you file your workers’ comp death claim. We can ensure your family is protected and that no one tries to take advantage of you by denying your claim or giving you less than what you deserve in benefits. We understand the impact that a death can have on a family and can seek justice on your behalf.
Call our Mt. Pleasant workers’ compensation death benefits attorney at 843-418-0750 for compassionate service. We can guide you through the claims process so you can successfully secure the benefits your family needs and deserves.
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