Q: My husband was murdered on the job a few years ago, and our 4 children and myself have been receiving Workers Comp benefits since that time. The insurance company sent a letter asking if we would like to settle, and it is something that I have been considering. I have never been given any numbers, I once requested a letter from them while purchasing a house, that said that I would receive WC for 400 weeks or until age 65 whichever is greater. I was only 32 at the time of his death.I know that I probably won't see anything close to that, and I hear stuff about present day value, and one lawyer that I had spoken too said that I am looking at around $118,000, and I can't help but think that that figure just seems so miniscule compared to the amount that my husband would have earned if he was able to work until age 65. He was our main source of income, and that is gone forever. Your settlements seem so much higher in comparison, and was wondering if you could shed any light on how one determines the "settlement" amount.
--Kathi, Tennessee
Attorney Cliff Horwitz:
Workers Compensation benefits are much lower than benefits paid in non-workers compensation cases. Those are cases where somebody other than the employer is at fault. Juries generally decide such cases.
Workers compensation limits for death vary from state to state but generally pay 2/3 of the weekly salary for a period of years. Hence, the compensation is low, but that is the law. One reason the compensation is low is that you don't have to prove anybody is at fault. Since your burden is less, the Defendant pays less (but the Defendant pays out more claims). Of course, on a claim like this you absolutely must retain a Tennessee attorney who specializes in WC cases. I am sorry for your loss.