Unfortunately, fatal work accidents happen. When a work injury is fatal, the family of the deceased employee has a right to make a claim for death benefits under Iowa workers’ compensation law.
When you have lost a loved one due to an injury that they sustained in the course of their employment, it can be an extremely difficult time for your family.
At Putnam Law, we represent families of deceased workers with understanding and compassion. We handle the workers’ compensation claim for you, allowing your family the time to grieve.
Deadly Work Accidents
Some industries have higher rates of fatal work accidents than others. Fatal injuries are most often sustained by employees in construction, manufacturing, and other dangerous occupations. However, there is a risk that any work accident could potentially be fatal. Anyone who operates a motor vehicle or machinery in the course of their employment is at risk of a fatal accident. In addition, some workers contract work-related diseases or illnesses that result in death. Exposure to dangerous chemical or biological hazards, are just as dangerous as fire, fall hazards, and explosions.
Burial Expenses
Burial expenses are not to exceed 12 times the statewide average weekly wage at the time of death. As of July 1, 2024, the Iowa Statewide Average Weekly Wage (SAWW) is $1,137.20, so burial expenses cannot exceed $13,646.40.
Who Can Recover
When an employee’s injuries are fatal, their right to compensation passes on to dependents of the deceased employee. Typically the dependent is a widow or widower and children. However sometimes brother, sisters, parents, grandparents or grandchildren are allowed compensation should they prove they were dependents of the worker. Proof is not always simple. The laws about who can file the claim and what types of monetary damages they can recover are often convoluted and complex. If your family has lost a loved one, you should schedule a consultation with Putnam Law to review your family’s legal options.
When Can the Claim be Filed?
Every state has what is called a statute of limitations. Statutes of limitations place a time limit on filing a legal claim. In addition, there may be other time frames and protocol in place for filing your claim with the insurance company. As difficult as it is to think about filing a claim when you have lost a family member in an Iowa work accident, you need to act quickly to preserve your family’s legal rights.
If you have any questions about the Iowa Workers’ Compensation Claims Process, our office is available to help you review your legal options. Call today to set up a consultation where we can help you make important legal decisions for you and your family.
