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Many clients ask us whether there are different benefits available to them when they are hurt on the job. Since we like to keep our clients well informed, we decided to talk about the different benefits available when you or a family member has been hurt on the job.
As in most states, an injured worker can receive benefits to replace his or her lost income, as well as medical treatment and expenses. Within those broad categories, there are a number of specific benefits an injured worker may be entitled to, depending on the nature of his or her injury. Workers compensation benefits are not taxable.
Despite advances in safety, technology, and training, the fact remains that many jobs are dangerous. Even seemingly safe occupations involve some risk of injury and death. In the District, widows and widowers, and surviving children, are entitled to workers' compensation benefits for the death of a spouse or parent that occurred on the job.
Generally, if a deceased worker leaves a widow or widower and no children, the widow or the widower will receive 50% of the deceased worker's average weekly wage until he or she remarries. In the event of remarriage, he or she will receive a lump sum payment of two year's worth of death benefits. If the deceased left one widow and a child, the child will receive an additional amount of 16 2/3% in addition to the widow/widowers 50% benefit rate. In the case that the widow remarried, then the child would receive 50% of the average weekly wage. If the deceased left just children behind, the benefits would then be divided amongst them at 2/3 the average weekly wage. So on and so forth. If there are other family members that were dependent upon the deceased at the time of the injury, the total will be divided 2/3 of the worker's weekly average wage.
Dependency is determined at the time of the injury, or, in the case of an occupational disease, when the worker had notice of the occupational-disease. Most disputes regarding death benefits occur when the worker and his or her spouse are separated, or whether there is a dispute as to whether they were married.
benefits for funeral expenses are also available, and any medical expenses associated with the injury or death would be covered by the workers' compensation insurance company.
For more information about workers' compensation benefits, give us a call, (202) 393-3200 for a free and confidential consultation. You can also email us at [email protected] for a free and confidential consultation.