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Boston Wrongful Death Attorney

Death benefits in workers compensation cases

When a loved one dies from an on-the-job injury or occupational disease, families can suffer financial hardship. Under Massachusetts workers compensation law, dependent family members may receive death benefits. Yet, when family members encounter obstacles, they may require legal help to obtain the benefits entitled by law. Robert L. Noa, Attorney at Law, assists family members with filing for workers comp death benefits, negotiating with workers comp insurance companies, and dealing with denied claims.

Financial assistance through workers compensation in MA

The Department of Industrial Accidents (DIA) oversees Massachusetts workers compensation and determines who is entitled to receive death benefits. Workers compensation is a comprehensive system, covering most workers regardless of full-time or part-time employment, whether the worker is a U.S. citizen or an unauthorized immigrant worker, and even if the worker caused the accident that resulted in death. Family members who were dependant on the deceased worker for income may be eligible to receive benefits for the following:

  • Burial expenses ($4,000 maximum)
  • Two-thirds of the deceased spouse's average weekly wage up to a certain capped maximum amount (provided that the spouse does not remarry)
  • $60 a week for each minor dependent child (not exceeding the pay amount of the deceased spouse)

Insurance companies frequently delay claims, dispute aspects of a claim, pay less than coverage entitles, or deny a claim altogether. An experienced Massachusetts workers compensation lawyer knows how to deal with insurance issues.

Looking into third party liability

In addition to workers comp benefits, if third party liability is a factor in causing a family member’s death, our lawyers may be able to bring a wrongful death action against them. For example, some deaths occur because of defective equipment, unsafe buildings that are not up to code, or other liabilities that do not relate directly to the employer. Parties responsible for such liabilities are third parties. While workers compensation law protects employers against lawsuits for work injury or death, it does not protect third parties. In the event that workers compensation benefits do not cover financial needs, we can determine whether other liable third parties exist as sources of additional compensation.

Get legal help with Massachusetts workers comp

Legal help is often crucial for receiving the compensation you deserve. Discuss Massachusetts workers comp and your eligibility for benefits. Call Robert L. Noa, Attorney at Law, at 1-866-785-2958 or contact us using our online contact form.

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