The pain and grief of losing a family member due to a work-related injury or illness are immense, and the financial consequences can be devastating. You have funeral and burial costs to cover and deserve to take time off to grieve. But meeting those needs is challenging when your family has lost a significant portion of its income. Fortunately, Oklahoma workers’ compensation death benefits can make a massive difference in this situation — and the team with Ryan Bisher Ryan & Simons can help you claim them.
We understand the challenges you’re facing right now, and we want to help you overcome them. With 40 years of experience, our Oklahoma workers’ compensation firm has represented people in positions like yours. We pride ourselves on providing one-on-one attention to each and every client.
Contact us today to learn more about your right to Oklahoma workers’ comp death benefits, and let us pursue them on your behalf.
Are You Eligible for Workers’ Comp Death Benefits?
Your family may be qualified for death benefits if workers’ compensation insurance covered your loved one at the time they suffered their fatal injury or contracted a fatal work-related illness. To claim death benefits, you must file the appropriate forms, and the Workers’ Compensation Commission (WCC) will determine whether they qualify based on these conditions.
However, you should also know that only specific family members qualify for workers’ comp death benefits in Oklahoma. Spouses can receive death benefits, but spouses in common law marriages (meaning the couple never officially married) must ask the state WCC to recognize their marriage before they qualify. The deceased worker’s children, whether shared with their current spouse or not, also qualify for death benefits. Dependent legal guardians can also receive benefits under certain conditions.
The benefits you could recover include a lump sum payment and a percentage of the worker’s weekly wage, varying based on the number of children. It’s worth noting that workers’ comp death benefits for children and spouses have specific conditions for continuation, such as the spouse remaining unmarried and the child’s age and educational status.
Contact our law firm to learn more about the required qualifications for workers’ comp death benefits.
Death Cases Covered Under Oklahoma Workers Compensation Law
An employee dying at work is not enough for their family to claim Oklahoma City workers’ compensation death benefits. The employee must have died in a work-related accident, from a work-related illness, or while performing their job duties outside of their typical work setting. For example, if someone dies in a car accident while running an errand for their boss or making a delivery, their family would likely qualify for death benefits. However, surviving family members likely would not qualify for death benefits if an employee dies in an accident during their typical commute.
Some of the most common causes of job-related deaths in Oklahoma include:
- Vehicle Accidents – Many work-related fatalities occur when employees sustain injuries in traffic accidents while operating company vehicles or performing work-related tasks on the road.
- Falls – Workers in construction, roofing, and similar industries often face fatal risks when working at significant heights, leading to deadly falls.
- Machinery Accidents – In manufacturing and industrial settings, getting caught in or struck by heavy machinery can cause fatal injuries.
- Exposure to Harmful Substances – Employees in various sectors may be exposed to toxic chemicals or hazardous materials, leading to fatal illnesses or acute reactions.
- Electrocutions – Workers who deal with electrical installations or repairs, especially in construction or maintenance, have a high risk of fatal electrocution accidents.
- Fires and Explosions – Industries dealing with flammable materials or in environments prone to combustible dust can experience deadly fires and explosions.
- Violence and Assaults – Workplace violence, whether from coworkers or external threats, can lead to fatal incidents in any work environment.
Recoverable Wrongful Death Damages
Workers’ comp death benefits in Oklahoma vary based on who is claiming them. A surviving spouse can receive a lump sum of $100,000, plus 70 percent of the deceased’s average weekly wage, capped at the state’s average. If the deceased worker has a surviving spouse and one child, the child receives $25,000 plus 15 percent of the deceased’s weekly wage.
The benefits adjust with the number of children, ensuring each child receives some financial support. When there are surviving children but no surviving spouse, each child gets $25,000 and a portion of the weekly wage, capped at a total of $150,000 for all children. If the deceased has no spouse or children, their financially dependent guardians may receive a quarter of the weekly wage.
Additionally, the deceased’s employer must cover the deceased worker’s funeral expenses, up to $10,000.
How Long Do Death Benefits Last?
A surviving spouse’s death benefits continue until they remarry and include a lump sum upon remarrying. Children’s benefits last until they turn 18, but they can extend to age 23 if they’re full-time students or unable to support themselves due to physical or mental incapacity. If a beneficiary’s situation changes (for example, if they no longer qualify for benefits), the state will adjust the benefit amounts for the remaining beneficiaries.
What Is the Statute of Limitations for a Death Benefits Claim in Oklahoma?
The workers’ comp statute of limitations in Oklahoma says you must file a claim with the WCC within two years of when your family member died. In practice, though, it’s best to contact an Oklahoma workers’ comp attorney from Ryan Bisher Ryan & Simons immediately to avoid any potential deadline issues. A lawyer from our law firm can take care of filing a claim while you tend to funeral arrangements and grieve with your friends and family.
Contact Our Experienced Workers’ Compensation Lawyers for Help
Have you lost a close family member to a workplace injury or illness? If so, you may be entitled to workers’ compensation death benefits, but you should not have to deal with the stress and complications of pursuing your claim on your own. Instead, you can let the Oklahoma workers’ comp attorneys at Ryan Bisher Ryan & Simons handle your case while you work through your grief and take care of your family.
Let us pursue the benefits you’re entitled to under the law. Call us today or complete our contact form for a free, no-obligation consultation.
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