By: The Workers' Compensation Team
A recent study released by the U.S. Department of Labor indicates that workplace fatalities declined 15% in Virginia in 2013. Additionally, workplace fatalities across the nation declined 5% in 2013. This data is encouraging, as Virginia saw a troubling increase in workplace fatalities in the last several years, according to the Census for Occupational Injuries issued by the Bureau of Labor Statistics.
Although, this type of workers’ compensation claim still remains the rarity for the most part, it is important to understand the basic benefits to which a decedent and his/her dependents may be entitled if a claim arises that implicates death benefits under the Virginia Workers’ Compensation Act.
The statute of limitations for filing a claim for death benefits, found in Va. Code §65.2-601, states that a claim for death benefits under the Act shall be payable only if:
- The death results from the accident;
- A claim for benefits is filed within two years from the date of the accident; and
- The claim for death benefits is filed within two years from the date of the death.
However, the defendants (employer and insurance carrier in most cases) may only be responsible for the payment of certain benefits related to the claimant’s death when the death results from the work accident within nine years from the date of injury.
If the death results from the work accident within nine years from the date of injury, the defendants may be responsible for paying the following: (1) indemnity benefits to dependents, (2) burial expenses, and (3) transportation expenses. Va. Code §65.2-512.
Dependants are categorized as either total dependants or partial dependents. Total dependents, which are defined by Va. Code §65.2-515, can collect up to 500 weeks of indemnity benefits. If there are no total dependents, partial dependents can collect up to 400 weeks of indemnity benefits.
The current law states that defendants may also be responsible for up to $10,000.00 for burial expenses and up to $1,000.00 for the costs of transporting the body. Va. Code §65.2-512.
Understanding the afore-mentioned benefits can help provide clarity to parties involved in these often difficult claims.
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