What happens to your workers’ comp case if you die?
Workers Compensation - April 17, 2025
Almost all Illinois employers must purchase workers’ compensation insurance to cover workers who are hurt or become ill on the job. Applying for and receiving workers’ compensation can be challenging, and the situation becomes even more complicated for the surviving family if the employee dies while the workers’ comp case is active.
A Chicago workers’ compensation attorney from Horwitz, Horwitz & Associates can help with your situation and explain what happens to your workers’ comp case if you die.
What happens to workers’ compensation benefits after death?
The handling of a workers’ compensation case after death depends significantly on whether the death was work-related and the status of benefits before passing. Understanding these distinctions is crucial for families seeking appropriate compensation.
Workers’ compensation death benefits
Non-work-related deaths
If your loved one dies from causes unrelated to their workplace injury:
- Temporary disability payments will cease immediately upon death
- If permanent disability benefits were already approved, these payments may continue to the estate
- Related medical expenses incurred before death should still be covered
- Standard death benefits do not apply in these situations
Work-related deaths
When death results from a workplace injury or illness, the workers’ compensation case transforms into a death benefits claim. In Illinois, these benefits include:
- Burial benefit – $8,000 paid to the survivor or person handling burial arrangements
- Survivor’s benefit – Regular payments equaling two-thirds of the deceased worker’s gross average weekly wage (calculated from the 52 weeks preceding the injury)
Illinois death benefits typically continue for 25 years or until reaching $500,000, whichever amount is greater. These benefits are subject to minimum and maximum limits and may receive cost-of-living adjustments over time.
Who can receive death benefits?
Illinois law details the possible recipients of the deceased’s death benefits. First in line are primary beneficiaries, the deceased’s closest surviving family members, often including the workers’ surviving spouse and children under the age of 18.
If there is no surviving spouse or children, the workers’ parents may be entitled to receive benefits if they were dependent on the worker. If the deceased worker did not leave dependent parents behind, other parties may be eligible to collect if they can prove they were at least 50% dependent on the worker at the time of death.
What happens to benefits if the surviving spouse remarries?
If the deceased worker’s kids are still dependent children when the surviving spouse remarries, the benefits will remain in place. If there are no eligible children, the spouse can receive a last lump sum payment equaling two years of the deceased worker’s pay.
What are worker compensation benefits?
Ill or injured workers can file a work-related injury or illness claim seeking workers’ compensation benefits. Workers’ comp provides partial replacement of lost wages and covers medical costs. Your attorney can explain the five different types of workers’ compensation benefits and help you file a workers’ compensation claim in Illinois.
Securing your family’s benefits
Navigating workers’ compensation after losing a loved one adds unnecessary stress during an already difficult time. An experienced Chicago workers’ compensation attorney can help ensure your family receives all benefits warranted by your situation. At Horwitz, Horwitz & Associates, we are committed to fighting for the maximum compensation available to support families through these challenging circumstances.
Send a message or call (800) 985-1819 to schedule your free case consultation. We are here to help you get the benefits you deserve, so you can look toward a more financially stable future.