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Workers’ Comp Death and Survivorship Benefits

Hello, I’m Ched Jennings, Founder of the Jennings Law Offices in Louisville.  Do you know if you are awarded Kentucky workers’ comp benefits and you die as a result of a work injury, or any other reason, your spouse and dependent children are able to continue receiving a percentage of your benefit payments?  The Kentucky workers’ comp system has a number of types of benefits.  In this video, I’m going to explain Death and Survivorship Benefits.

Let’s begin with an example of a workplace fatality.  The worker’s estate is entitled to receive $100,000 (as of 2023).  According to the law, if you die within 4 years of the date of injury, due to the effects of the workplace injury, the estate is still entitled to receive that $100,000.

In addition to the lump sum death benefit, your spouse and/or dependent children can qualify for survivorship benefits, whether your death is related to the work injury or something else.  That percentage is based on the worker’s wages at the time of death.

In general terms, the spouse receives the benefits until at 60.  The dependent children receive benefits until the age of 18.

If the death was not work injury related, but the worker has been awarded comp benefits, or could qualify for the award of comp benefits, the spouse and/or dependent children may file for a continuation of a percentage of those workers’ comp benefits.

There are specific steps you need to take to preserve your right to death and survivorship benefits.  If your spouse or parent was involved in a workplace fatality, I understand how difficult this conversation might seem.  It’s a very emotional topic.  However, with over 40 years of experience representing Kentucky workers, I have walked this path before.  I’ll handle the details so that you and your family can not only grieve, but begin to heal.

We can tale about this and more, during our initial interview.  There is no charge for your initial interview.  Contact our office to schedule time to discuss your situation.  Our office phone number is (502) 583-3882.

Again, I’m Ched Jennings. Thanks for Listening.

Principal office in Louisville, KY.

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