Fatal Workers Compensation Claims
An absolute tragedy recently occurred in a Tuna Plant when a worker died after accidentally being cooked in an oven in California. Our thoughts and prayers are with his family. Here is the link to the story http://bit.ly/SSHWp3
Most times, we hear of work injuries consisting of back or neck injuries, but deaths can also unfortunately occur from freak accidents, motor vehicle accidents, or occupational diseases.
The Pennsylvania Workers’ Compensation Act (The Act) provides that compensation benefits may be paid to a widow, widower, children, sisters and/or brothers, if certain burdens of proof are met. Section 307 of The Act outlines the calculation and circumstances of benefits, including an alloted burial expense.
In the event of a Fatal Claim filed under the Pennsylvania Workers’ Compensation Act, section 315 of the Act mandates that the Petition be filed within three (3) years from the date of death on the proper LIBC-363 form. Also, The Act requires that the death occur within 300 weeks from the date of the injury that caused the unfortunate death.
For instance, if an injured worker develops a disease as a direct result of medical treatment provided for the work injury, and ultimately dies as a result of the disease, the death must occur within 300 weeks of the initial injury in order to support a Fatal Claim Petition.
Some workers are exposed to hazards such as toxic gases, asbestos, or silica. In cases involving such occupational diseases and resultant fatalities, The Act requires that the compensable disability occur within 300 weeks of the last date of employment in that particular occupation or industry that the worker was exposed to the hazards of the disease.
If this scenario sounds familiar to you, your family, or friends, please contact Paula Robinson for a free confidential consultation. Know your rights to protect yourself and your loved ones.