Are there any benefits available to deceased workers' compensation claimants?

Yes, surviving family members of workers compensation claimants in Virginia may be eligible to receive benefits after the death of the claimant. The Virginia Workers’ Compensation Act provides for death benefits to the surviving family members of a deceased employee. Death benefits are typically paid when a job-related injury or illness causes a death. The family members of the deceased employee who could be entitled to receive death benefits include the deceased’s spouse or children. The amount of benefits available to the family members is typically based on the deceased employee’s wages prior to their passing. In some cases, the court may award weekly payments based on the age of the deceased’s children. In addition to death benefits, the surviving family members may receive compensation for burial and funeral expenses. The amount of compensation available is based on the cost of the burial and funeral expenses that the family incurred. The compensation available for burial and funeral expenses, like death benefits, is determined by the wages of the deceased employee prior to their death. Furthermore, the surviving family members may receive compensation for the medical bills they incurred related to the death of their loved one. The amount of compensation available is based on the amount of medical bills that the family was responsible for. The court may also award compensation for the pain and suffering of the deceased employee’s survivors. In Virginia, death benefits, burial and funeral expenses, and medical expenses are all compensable under the state’s Workers’ Compensation Act. Surviving family members are encouraged to speak with an attorney to determine their eligibility for these benefits.

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