If an Ohio Workers' Compensation Death Claim is Approved, What Benefits are Provided to Eligible Family Members? 

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Below is a list of benefits available after the death of a worker:

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• Medical Benefits: In cases where an attempt was made by the ambulance service, by a physician or at a hospital emergency room to revive the employee and such attempt was in the nature of treatment (e.g. use of oxygen, artificial respiration, injection, medication, electro-shock, etc.), payment for such services and for the use of equipment shall be made.

• Accrued Benefits: If the deceased was receiving workers' compensation benefits before their passing, any remaining payments can be received by eligible family members.

• Death Benefits: Available when a worker dies as a result of an occupational disease or accident, providing ongoing financial support to eligible dependents.

• Funeral Expenses: Payment or reimbursement of funeral expenses, up to $5,500.

• Body Transportation Cost: The BWC may make payment for exceptional transportation costs in addition to the payment of funeral expenses. (e.g. returning the body of the deceased employee when the death occurred outside the area where the deceased lived.)

• Violation of Specific Safety Rules (VSSR) Award: When the injury, illness, or death is a result of, in whole or in part,  the employer’s violation of a specific safety rule, the Ohio Industrial Commission can grant additional monetary benefits as a penalty to the employer for violating these rules. 

• Amputation Award: In some Death Claims, benefits can be awarded to eligible family members when the deceased employee would have sustained an amputation to the fingers, hands, arms, legs, feet, and toes.  A Claimant’s eligible beneficiaries may be eligible for an amputation award even when the deceased dies shortly after the injury or illness causing death.

• Loss of Use Award: Likewise with Amputations Awards, if a Claimant would have sustained a loss of use of the fingers, hands, arms, legs, feet, and toes, or sustained a loss of hearing or loss of vision, family members would be entitled to collect additional monetary benefits.   

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Who is Eligible to Collect Benefits?

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There are three categories of persons who are considered eligible to collect benefits under an Ohio workers’ compensation Death Claim.  

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• A Spouse: A spouse is eligible to collect Death Benefits until the spouse’s death or until the spouse remarries.  

• Dependent Children: Dependent children are eligible to collect benefits under a Death Claim until the age of 18.  Death benefits can be extended until the dependent child reaches the age of 25 if the child is enrolled in school.

• Dependent Children with Incapacity: Any dependent children that are physically or mentally incapacitated can continue to collect death benefits until the child is no longer incapacitated.

 

How are Death Benefits Paid? 

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• Once it is determined who is eligible to receive Death Benefits, payments are made to each eligible beneficiary on a biweekly payment schedule.  

 

How Much Money Will Each Beneficiary Receive? 

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• The amount of the biweekly Death Benefit is determined based on a calculation of the deceased employee’s Average Weekly Wage (usually income for the 52-week period prior to the date of death).

• Once the deceased’s AWW is calculated, payments are then apportioned among the eligible beneficiaries.  

 

Additional Recovery Options

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• In some instances, additional monetary benefits may be available to family members on top of the benefits they receive from the Ohio BWC.  If a third party other than the employer and the BWC is responsible for the death, the family members may be able to seek additional compensation. 

 

Hire a Qualified Workers’ Compensation Attorney Today

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When a loved one dies because of a work accident, injury, or illness, it is a trying and difficult time for any family.  Call today to have your claim evaluated by a qualified attorney to make sure you are collecting all benefits you are eligible to collect.  Contact Ronald J. Schafer, Esq., Gallo & Gallo Co., LPA.  We have helped thousands of clients receive millions in benefits.  Call today for a free, no obligation, telephone consultation.