Death Benefits? - Printable Version
+- Workers' Compensation Discussion Forums (http://www.workerscompensation.com/forums/general)
+-- Forum: Category (/forumdisplay.php?fid=3)
+--- Forum: Injured Worker Forum (/forumdisplay.php?fid=4)
+--- Thread: Death Benefits? (/showthread.php?tid=10836)
Death Benefits? - md50 - 08-06-2010 12:36 AM
A truck driver I knew went to work. When he tried to start his truck, it wouldn't start. On the way to go inside to let the company know, he had a heart attack and died.
Using this info, would the spouse be eligible for Death Benefits?
I can elaborate more, but I just want to get the basics first.
Edit: this is in Pennsylvania.
RE: Death Benefits? - jayne - 08-06-2010 09:32 AM
suggest you PM Timothy Belt on here he is a Pa lawyer and he could tell you all you need to know....
RE: Death Benefits? - 1171 - 08-06-2010 10:47 AM
not enough info.
comp requires some type of causal connection to the job; not just time or place.
comp court relies on medical evidence.
what type of causal connection do the doctors posit?
RE: Death Benefits? - Bad Boy Bad Boy - 08-06-2010 02:51 PM
Don't see how a truck not starting is any way in relation to a Heart Attack, caused by any functions of employment duty.
Would be a different situation if the truck did start, they got behind the wheel and killed 10 people on the road though right?
For the right to death benefits to accrue, some states require that the work-related death occur within a particular length of time after the work injury, after the last treatment for the work injury or after some other occurrence. Some states require continuous disability from injury to death.
Finally, although the cause of death must be a job-related injury or disease, usually the cause of death does not have to be exclusively that injury or sickness, as long as it contributes significantly to the death.
RE: Death Benefits? - md50 - 08-17-2010 11:47 AM
The original point is that he died on the job. I'm trying to understand the whole thing myself. Forgive my ignorance in this, but it's the first time I've ever dealt with workers comp in this sort of situation.
It was my understanding that under this situation, workers comp had a set policy.
RE: Death Benefits? - md50 - 08-17-2010 11:49 AM
jayne Wrote:suggest you PM Timothy Belt on here he is a Pa lawyer and he could tell you all you need to know....
I don't want to PM anyone just yet. Just looking for overall information. Timothy Belt probably has bigger cases to work on, so I won't bother him just yet.
RE: Death Benefits? - jayne - 08-17-2010 12:10 PM
A PM costs you nothing.......he will be on sooner or later
RE: Death Benefits? - 1171 - 08-17-2010 12:40 PM
dependents are paid a percentage of employees wages until remarriage or the children are 18. there are a number of other provisions depending on specific circumstances.
RE: Death Benefits? - jayne - 08-17-2010 12:43 PM
there is also SS death benifits for wife and children under 18 I believe
RE: Death Benefits? - Bad Boy Bad Boy - 08-17-2010 01:40 PM
Was an Accident/Incident Investigation performed to show if it was a medical problem, a history of a heart condition, or was it work related?
Remember this truck driver isn't a police, or fireman, where you can say did in action or on duty.
best to remember the Heart attack needs to be proven work related, for benefits to even maybe take place.
Send a letter or call the State Work Comp Board;
Commonwealth Workers' Compensation
Office of Administration
Bureau of Classification and Compensation
Employee Benefits Division
Room 513 Finance Building
Harrisburg, PA 17120