Did you lose a loved one to a workplace accident in Virginia? You may be eligible for Virginia workers’ compensation death benefits.
When a worker dies in Virginia, his or her family may be entitled to Virginia workers’ compensation death benefits, depending on their relationship to the deceased worker.
In Virginia workers’ comp death benefit claims, there are two types of dependents.
Wholly Dependent Family Members and Death Benefits
If someone in your family was completely dependent on the deceased worker’s income – meaning, they lived entirely on that person’s wages – they are considered “wholly dependent”.
Total dependents are eligible to receive two-thirds (2/3) of the deceased worker’s average weekly wage. They are eligible to receive this compensation for 500 weeks (just over 9 and a half years). Now, if more than one person was totally dependent on the worker, the benefit payment will be split equally among the total dependents.
Partially Dependent Family Members and Death Benefits
If a person was only partially dependent on the income of the deceased worker – meaning, they received some income to survive from the worker and some income from another source – they are considered under Virginia law to be “partially dependent”.
Partial dependents are common in two-income families, when parents share the burden of paying for their children. If one parent dies, the other parent is still available to help pay for the children – so the death benefits would only provide partial payment.
Partial dependents are also entitled to two-thirds (2/3) of the deceased worker’s average weekly income, however the amount they receive is adjusted based on the percent of income provided by the deceased. For example, if the child of a deceased worker depended on half of the income of a deceased parent, he or she would be eligible to receive one-third (1/3) of that parent’s average weekly income.
Partial dependent death benefits are available for 400 weeks, or just over seven and a half years.
Timely action is key for Virginia workers’ comp death benefits
Do you need to apply for workers’ comp death benefits after a fatal workplace accident in Virginia? Please note that Virginia has a statute of limitations, and timely action is important. Otherwise, you could lose your legal right to compensation.
Please fill out a contact form on this website or call us immediately to discuss your case – you have nothing to lose.
DULANEY, LAUER & THOMAS, LLP
Warrenton Office
98 Alexandria Pike, Suite 11
Warrenton, VA 20186
Toll Free: 888.907.2631
Local: 540.349.2631
Culpeper Office
209 N. West Street
Culpeper, VA 22701
Toll Free: 800.741.1012
Local: 540.825.6046
