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Q
Will Workers' Comp Help My Family If the Injury Is Fatal?

A

Workers’ compensation is intended to support the person injured in many different ways, even in death. While workers’ comp is different from any wrongful death claim that could bring additional financial support to your family, there's a particular provision in workers’ comp reserved to cover the costs of funeral services that have to be made if a workplace injury is fatal.

In the event of a fatality, your spouse and minor children are entitled to weekly compensation benefits, as well as a $5,000 maximum allowance granted to cover funeral expenses

In Kansas workers' compensation, the maximum benefits that can be paid to the family — separate from the aforementioned funeral stipend — of someone who dies as a result of a workplace injury, is currently set at $300,000. If you don't have any immediate family, like a spouse or children, then your estate may be entitled to a lump sum payment of $50,000. 

This lump sum payment can be used to cover any expenses related to your death and be divided by next-of-kin or distributed according to the instructions in your will if you've accounted for such an instance.

Missouri workers' comp doesn't have the same provision for the estate as Kansas, but it does give $25,000 to the estate of someone killed in the line of duty.

So while workers’ comp shouldn't be considered a substitute for life insurance or other ways of providing for your family in the event of unexpected loss, it does provide some support in a time of need.

If you have questions about your Kansas City workers' comp claim, call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation. 

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