Death Benefits in Virginia Workers' Compensation Cases
A fatal accident that claims the life of a loved one is tragic enough. When that fatal accident results in the loss of a family's primary source of income, the tragedy worsens.
In cases where an on-the-job accident causes death, the Virginia workers' compensation system provides death benefits to the immediate family. The surviving spouse and any minor children are entitled to receive 500 weeks of compensation to replace two-thirds of the deceased employee's weekly wage, along with reimbursement of funeral expenses.
Experienced Workers' Compensation Attorney in Richmond, Virginia
I have handled hundreds of Virginia workers' compensation cases, including several cases involving fatal accidents and death benefits. I am a solo practitioner who focuses exclusively on workers' compensation and Social Security disability cases. All clients work directly with me, a workers' compensation lawyer with more than 35 years' experience. In 2005, 2006 and 2007, Lexis-Nexis listed me in the Bar Register of Preeminent Lawyers. However, I am more proud of the comments from clients I have helped in the past.
When Companies Challenge Claims for Death Benefits
It can be insulting — not to mention confusing —when an employee's company refuses to pay out death benefits after a fatal on-the-job accident. If you run into trouble with the workers' compensation insurance company that represents your deceased spouse's employer, it is important to seek legal help as soon as possible.
An employer may challenge death benefits claims on any of several grounds:
- The death occurred due to an "unexplainable accident," especially a motor vehicle accident, and the workers' compensation insurance company refuses to deem the accident work-related
- The fatal accident occurred off-premises or outside of working hours and the insurance company claims the accident was not work related
- The accident victim had traces of alcohol or illegal narcotics in his or her system and the insurance company claims the drugs caused the accident, which would bar a death benefits claim
I undertake a thorough and heavy investigation in these cases. I work with accident reconstructionists, I talk to police officers and other emergency responders. I visit the accident scene to make personal observations. I review photographs and video and talk to any person who witnessed the accident. My goal in death benefits cases is to prove that the fatal accident was in fact work related, that it did occur for a reason (rather than being "unexplainable"), and that any alcohol or drugs involved did not in fact cause the accident to occur.
I fight smart and hard for my clients — advocating every step of the way for their right to death benefits from the workers' compensation system. When settlement negotiations fail, I do not hesitate to take my clients' claims to a formal hearing.
Contact the Law Offices of Jerry Lutkenhaus
Initial consultations with me are always free of charge. Attorneys' fees for all workers' compensation lawyers in Virginia are set by the Workers' Compensation Commission, and are usually capped as a percentage of the eventual compensation award.
You and your family deserve help from a seasoned workers' comp attorney with more than 35 years' experience. To make an appointment, call toll free at 800-256-8862 or use my online contact form.
