Grand Rapids Work Related Death Attorney
If you are facing the death of a loved one as a result of a work related accident or illness, call us immediately, we can answer your questions. A good Grand Rapids worker’s compensation attorney is not optional, it is a requirement! Our worker’s compensation attorneys can answer your questions about work related death with straight talk. Having the right worker’s compensation attorney on your side can relieve your stress during this difficult situation. Our attorneys have over 95 years of trial experience. Considering the seriousness of this life changing event, it is extremely important to retain the services of an experienced attorney.
The Michigan Workers Compensation Act specifically covers work related death regardless of who was at fault for the death. The specific workers compensation section is as follows:
418.321 Compensation for death resulting from personal injury.
If death results from the personal injury of an employee, the employer shall pay, or cause to be paid, subject to section 375, in 1 of the methods provided in this section, to the dependents of the employee who were wholly dependent upon the employee’s earnings for support at the time of the injury, a weekly payment equal to 80% of the employee’s after-tax average weekly wage, subject to the maximum and minimum rates of compensation under this act, for a period of 500 weeks from the date of death. If at the expiration of the 500-week period any such wholly or partially dependent person is less than 21 years of age, a worker’s compensation magistrate may order the employer to continue to pay the weekly compensation or some portion thereof until the wholly or partially dependent person reaches the age of 21. If the employee leaves dependents only partially dependent upon his or her earnings for support at the time of injury, the weekly compensation to be paid shall be equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as 80% of the amount contributed by the employee to the partial dependents bears to the annual earnings of the deceased at the time of injury.
418.331 Persons conclusively presumed to be wholly dependent for support upon deceased employee.
Except as otherwise provided in this section, a child under the age of 16 years, or 16 years or over if physically or mentally incapacitated from earning, is conclusively presumed to be wholly dependent for support upon the parent with whom he or she is living at the time of the death of that parent. In the event of the death of an employee who has at the time of death a living child by a former spouse or a child who has been deserted by the deceased employee under the age of 16 years, or over if physically or mentally incapacitated from earning, that child shall be conclusively presumed to be wholly dependent for support upon the deceased employee, even though not living with the deceased employee at the time of death. The death benefit shall be divided among all persons who are wholly dependent upon the deceased employee, in equal shares. The total sum due a surviving spouse and his or her own children shall be paid directly to the surviving spouse for his or her own use, and for the use and benefit of his or her own children. If during the time compensation payments continue, a worker’s compensation magistrate finds that the surviving spouse is not properly caring for those children, the worker’s compensation magistrate shall order the shares of the children to be thereafter paid to their guardian or legal representative for their use and benefit, instead of to their father or mother. In all cases the sums due to the children by the former spouse of the deceased employee shall be paid to their guardians or legal representatives for the use and benefit of those children. In all other cases questions of dependency, in whole or in part, shall be determined in accordance with the facts at the time of the injury. If a deceased employee leaves a person wholly dependent upon him or her for support, that person shall be entitled to the whole death benefit and persons partially dependent, if any, shall receive no part thereof, while the person wholly dependent is living. All persons wholly dependent upon a deceased employee, whether by conclusive presumption or as a matter of fact, shall be entitled to share equally in the death benefit in accordance with the provisions of this section. If there is no one wholly dependent or if the death of all persons wholly dependent occurs before all compensation is paid, and there is only 1 person partially dependent, that person is entitled to compensation according to the extent of his or her dependency; and if there is more than 1 person partially dependent, the death benefit shall be divided among them according to the relative extent of their dependency. A person shall not be considered a dependent unless he or she is a member of the family of the deceased employee, or unless such person bears to the deceased employee the relation of widower or widow, lineal descendant, ancestor, or brother or sister.
418.345 Death resulting from injury; expense of last sickness, funeral, and burial; payment by employer; limitation; application; order.
If death results from the injury, the employer shall pay, or cause to be paid, the reasonable expense of the employee’s last sickness, funeral, and burial. The cost of the funeral and burial shall not exceed $6,000.00 or the actual cost, whichever is less. Any person who performed such service or incurred such liability may file an application with the bureau. A worker’s compensation magistrate may order the employer to pay such sums.
418.441 Claim for occupational disease and death resulting from occupational disease; requirements; commencement; time limit.
(1) The requirements of claim for occupational disease and death resulting from an occupational disease and the requirements as to the bringing of proceedings for compensation for disability or death resulting from the occupational disease are the same as required in chapter 3, except that the claim of occupational disease or death resulting from an occupational disease shall commence from the date the employee or a deceased employee’s dependents had knowledge, or a reasonable belief, or through ordinary diligence could have discovered, that the occupational disease or death was work related.
(2) A claim shall not be valid or effectual for any purpose under this chapter unless made within 2 years after the date the employee or dependents of a deceased employee had knowledge, or a reasonable belief, or through ordinary diligence could have discovered that the occupational disease or death was work related.
GRAND RAPIDS WORKERS COMPENSATION ATTORNEY
If you are facing a worker’s compensation, a good worker’s compensation attorney is not optional, it is a requirement! Our worker’s compensation attorneys can answer your questions with straight talk. Having the right worker’s compensation attorney on your side can relieve your stress during this difficult situation. Our attorneys have over 95 years of trial experience. Considering the seriousness of this life changing event, it is extremely important to retain the services of an experienced attorney.
Krupp Law Offices P.C. is located in downtown Grand Rapids, Michigan and has the right worker’s compensation attorney for you. We represent clients in all worker’s compensation matters throughout West Michigan, , including the cities of Grand Rapids, Big Rapids, Ionia, Grand Haven, Stanton, Greenville, Wayland, Allegan, Holland, Newaygo, White Cloud, Fremont, Coopersville, Hastings, Middleville, Wyoming, and Rockford including Kent County, Ottawa County, Newaygo County, Ionia County, Mecosta County, Barry County, Montcalm County, and Allegan County Michigan.
Call for a free phone consultation. Our office can help.