Rapid City Death Benefits Attorneys
Helping You Seek Survival Benefits Through Workers’ Comp
Workers’ compensation in South Dakota allows family members to seek death or survival benefits after losing a loved one to a fatal workplace accident or injury. Although workers’ compensation covers death benefits, it does not guarantee that they will be easily collected. Interference or resistance from the insurer or the employer can slow things down and frustrate you when you want to do nothing but take time to grieve.
Our Rapid City survival benefits lawyers of Whiting Hagg & Dorsey, LLP would like to help you through this challenging time. Backed by decades of collective experience managing complex and high-value workers’ compensation and death benefits cases, we are equipped with the legal knowledge needed to remove as much uncertainty from your case as possible.
Take the stress off your shoulders by calling us at (605) 519-6136.
How is Death Compensation Calculated?
Death benefits in South Dakota are typically paid to a surviving spouse or the surviving children of the deceased worker. In rare cases, death benefits can be given to other dependent family members, like parents and grandparents. The amount of compensation will be equal to two-thirds of the deceased’s average weekly wage. Weekly payments cannot be greater than $857.00 or less than $429.00 (amounts subject to change).
How long do workers’ comp death benefits last?
- For spouse: A surviving spouse can receive weekly death benefits for life or until they remarry. If they decide to remarry, they can receive compensation equal to two years’ worth of death benefits.
- For children: If a surviving spouse remarries or there was no surviving spouse at the time of the employee’s death, then surviving children can receive death benefits, plus an additional $50 per week, if they are under 18. Surviving children can also receive death benefits until they are 22 if they are full-time students. Lifetime death benefits are also available for any surviving child who is unable to take care of themselves, perhaps due to a physical or mental disability, regardless of age.
Burial & Funeral Expenses Through Death Benefits
The highest amount allotted for funeral expenses under workers’ compensation benefits is $10,000. The surviving family can also receive reimbursement or payments for any costs associated with transporting the deceased’s body to the place of their burial if their death occurred elsewhere. This note of South Dakota death benefits is hugely beneficial to families who have spouses or parents working abroad or on the far side of the state.
We Can Handle All the Casework for You
You should be focusing on grieving with your family after losing a loved one in a workplace accident. You should not be feeling overwhelmed with legal issues while pursuing workers’ compensation death benefits. Please allow our Rapid City death benefits lawyers to manage your case for you. We can progress it carefully and as if we are representing ourselves because we know how much the outcome of this case means to you and your family.
Contact us today if you have any questions about a death benefits claim or lawsuit.
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