Exploring Illinois' Workers' Compensation Death Benefits

 Posted on August 09,2023 in Uncategorized


In the blink of an eye, an accident can happen while you are at work. True, there are certain jobs in which accidents are more common, but a workplace accident can occur anywhere, regardless of where you work and who you work for. One of the most devastating outcomes of a workplace accident is the death of a loved one. Not only does this bring on grief and emotional pain, but it can also mean that you are now burdened by the worry of your family’s financial future. Fortunately, the Illinois Workers’ Compensation Commission offers death benefits to families whose loved ones die as a result of workplace accidents.

Eligible Family Members

If a worker is killed on the job, the worker’s primary beneficiaries are entitled to receive the survivor’s benefit. A primary beneficiary is considered to be the worker’s spouse and any children under the age of 18. If the worker did not have any primary beneficiaries, then the benefits can be paid to the worker’s totally dependent parents.

The remarriage of a surviving spouse does not negate any claim to survivor’s benefits for the worker’s children. If the children are eligible to receive the benefit when the spouse is remarried, they will continue to receive the benefit until they are no longer eligible. If there are no eligible children, the spouse is entitled to a lump sum that is equal to two years of compensation.

Calculating the Survivor’s Benefit

The survivor’s benefit will be calculated using the worker’s average weekly wage during the 52 weeks prior to the accident. Two-thirds of the worker’s average weekly wage will be paid to beneficiaries, though the amount of the benefit is subject to minimum and maximum amounts. As of May 13, the minimum benefit is $565.06 and the maximum benefit is $1,506.81. The amount of the benefits will be paid to beneficiaries for 25 years, or until $500,000 has been paid – whichever comes first.

Discuss Your Case With a Cook County Workers’ Compensation Lawyer

Workplace accidents are, unfortunately, all too common, especially in certain occupations. If you have had a loved one die in an accident while they were on the job, you should talk with an experienced Tinley Park workers’ compensation attorney. At the Fotopoulos Law Office, we can help you make sure you are getting the appropriate amount of compensation for your loved one’s death. Call our office today at 708-942-8400 to schedule a free consultation.


Handbook on Workers’ Compensation And Occupational Diseases

Statewide Average Weekly Wage (SAWW)

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