What Happens If A Worker Dies On The Job

Illinois Workers’ Compensation Death Benefits Explained

The Illinois Workers’ Compensation Act ensures that the families of workers who died as a result of a workplace accident or occupational illness receive financial benefits. This operates as a no-fault system, and surviving dependents may qualify for benefits even if the deceased worker was partially responsible for the accident. 

However, these guaranteed benefits come with a cost. Families generally are unable to sue the deceased’s employer for wrongful death, as most companies are protected by workers’ compensation laws. If someone besides the employer played a role in causing the fatal accident, however, surviving families may be able to file a third-party claim.

To file a workers’ compensation claim for the death of a loved one, eligible dependents must file an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWCC). Doing so formally starts your case.

Filing Deadline for Death Benefits

You must file for death benefits within:

• Three years from the date of death, or
• Two years from the last payment of disability benefits, whichever is later

Missing this deadline can permanently bar you from recovering benefits. Speaking with an experienced workers’ compensation attorney early can protect your rights.

What Should You Do After a Worker Dies on the Job?

If a worker dies on the job, surviving family members should take immediate steps to protect their legal rights and access available benefits. Acting early can help prevent delays, disputes, or denied claims.

After a workplace death, you should:

• Ensure the death is formally reported to the employer and properly documented
• Request copies of incident reports, medical records, and any OSHA findings
• Collect wage and employment records to support a benefits claim
• Avoid giving recorded statements to insurance companies without legal guidance
• Keep records of funeral and burial expenses
• Speak with a workers’ compensation attorney as soon as possible

Taking these steps can help ensure that death benefits are processed correctly and that any additional legal claims are preserved.

Pro Tip: An attorney can determine whether other claims may apply, such as a third-party wrongful death lawsuit, which may provide compensation beyond workers’ compensation benefits.

Who Is Eligible for Workers’ Compensation Death Benefits?

If a worker dies on the job, only certain dependents qualify for death benefits under Illinois law.  Dependents are prioritized in the following order:

1. Surviving Spouse and Minor Children

The spouse and minor children of the deceased are considered the primary beneficiaries. This group is considered financially dependent, and they are first in line to receive death benefits when a worker dies in a work-related accident.

2. Financially Dependent Parents

If there is no spouse or minor children, the parents of the deceased are next in line, and may qualify for benefits if they were fully financially dependent on the deceased worker.

3. Other Financial Dependents

In the event no primary beneficiaries exist, other family members may qualify if they are able to prove they were at least 50% financially dependent on the deceased worker.

Blended families, separated marriages, and situations involving disabled adult children can make determining dependency difficult. 

How Much Are Workers’ Compensation Death Benefits in Illinois?

If a worker dies on the job, death benefits are typically based on the worker’s earnings before the accident. Death benefits are generally calculated as:

• Two-thirds of the worker’s average weekly wage
• Based on earnings during the 52 weeks before death
• Subject to statewide minimums and maximums

Benefits are paid weekly, but typically distributed monthly.

Under current Illinois law:

• Death benefits may continue for up to 25 years or until a total of $500,000 has been paid, whichever is greater
• Up to $8,000 in funeral and burial expenses is covered

Because wage calculations can significantly affect total benefits, it is important that income is calculated correctly. Overtime, bonuses, and certain forms of compensation may need to be included.

Does Fault Matter If a Worker Dies on the Job?

Since workers’ compensation is a no-fault system, fault does not matter if w workers dies on the job and the family is seeking benefits. This applies even if the deceased worker contributed to the accident. Exceptions typically involve situations where the worker was intoxicated or otherwise participated in intentional misconduct.

This system allows family members of the deceased worker to seek financial support without having to prove employer negligence.

Can You Sue an Employer for a Workplace Death?

In most cases, you cannot sue an employer for a workplace death. Workers’ compensation benefits are considered the exclusive remedy against the employer, even if unsafe conditions contributed to the fatal accident.

Limited exceptions apply, however. You may be able to file a lawsuit if:

• The employer intentionally caused harm
• The employer failed to carry workers’ compensation insurance
• The employer engaged in egregious or willful misconduct

These exceptions are rare. An experienced workers’ compensation attorney can evaluate your case to determine whether an exception applies.

Third-Party Wrongful Death Claims After a Workplace Fatality

Workers’ Compensation protects employers, not other negligent parties. If a third party contributed to the death of your loved one, as the deceased workers’ personal representative, you may be able to file a wrongful death lawsuit under the Illinois Wrongful Death Act.

Common third-party claims arise from:

• Construction site accidents involving subcontractors
• Defective machinery or equipment
• Commercial vehicle crashes
• Toxic exposure caused by outside vendors
• Negligent property owners

In a third-party wrongful death case, the family may recover damages not available through workers’ compensation, including:

• Full lost future earnings
• Loss of companionship
• Grief and mental suffering
• Medical expenses prior to death

The statute of limitations for a third-party wrongful death claim in Illinois is generally two years from the date of death.

Families can often pursue both workers’ compensation death benefits and a third-party wrongful death claim at the same time.

What Happens During the Workers’ Compensation Death Claim Process?

If your loved one died in a workplace accident, the workers’ compensation claim process typically involves several steps. Understanding how a workers’ compensation death claim may unfold can help prepare you for what lies ahead. When filing for workers’ compensation death benefits, you may need to:

• File an application for Adjustment of Claim with the IWCC
• Provide wage records and proof of dependency
• Attend status hearings before an arbitrator
• Negotiate with the employer’s insurance
• Resolve any disputes about benefit calculations 

Insurance companies are known for attempting to minimize payouts or denying them altogether. They frequently dispute dependency, underreport wages, or delay processing and payment. An experienced attorney can make sure documentation is complete, wage calculations are accurate, and your claim is processed in a timely manner. 

How Do OSHA Investigations Impact Claims for Workplace Deaths?

If a worker dies on the job, the Occupational Safety and Health Administration (OSHA) may investigate the incident to determine whether workplace safety standards were followed.  OSHA is responsible for enforcing strict guidelines surrounding workplace safety that benefits employees by ensuring they have a safe work environment.

OSHA requires employers to:

• Provide a safe workplace free from recognized hazards
• Supply appropriate personal protective equipment
• Provide proper training
• Maintain accurate injury and fatality records
• Avoid retaliating against employees who report unsafe conditions

OSHA citations do not automatically create liability. However, investigation findings may be important if your loved one’s death involves a third party or an employer who was grossly or intentionally negligent.

Common Causes of Fatal Workplace Accidents in Illinois

Understanding how workplace fatalities occur helps families evaluate potential claims. Common causes include:

• Falls from heights
• Machinery entanglement
• Electrocution
• Vehicle and trucking accidents
• Explosions and fires
• Exposure to toxic substances
• Agricultural equipment accidents

Certain industries, including construction, manufacturing, transportation, and agriculture, carry higher fatality risks.

How Long Does it Take to Receive Workers’ Compensation Death Benefits?

How long it takes to receive workers’ compensation death benefits depends on the specific case. Disputes or contested claims may delay payment. Your lawyer can explain more about the expected timeline of your claim.

Can a Surviving Spouse Receive Benefits if Separated?

Legal separation does not immediately disqualify a spouse from receiving workers’ compensation death benefits if the spouse was still financially dependent on the deceased worker.

What if the Employer Says the Death Was Not Work-Related?

It is common for employers to dispute whether the injuries arose from the course of employment. An experienced attorney can help you prove your claim by gathering medical records, accident reports, and witness testimonies. 

Do Adult Children Qualify for Benefits?

Sometimes. Generally, workers’ compensation death benefits are limited to minor children. However, adult children with disabilities who were dependent on the deceased may qualify for benefits.

Do I Need a Lawyer for a Workers’ Compensation Death Claim?

You do not necessarily need a lawyer for a workers’ compensation death claim. However, these claims can be difficult to navigate on your own, because they can involve wage calculations, dependency disputes, and in some cases, third-party liability. It is recommended that you consult a workers’ compensation attorney to protect your rights.

Speak With a Peoria Workers’ Compensation Lawyer

Speaking with an experienced Peoria Workers’ Compensation Lawyer helps protect your best interests when pursuing the benefits you are entitled to. Illinois Law protects surviving dependents on their quest for financial stability after the sudden loss of a loved one.

The experienced attorneys at Strong Law Offices guide grieving families like yours through the claim process, from filing with the Illinois Workers’ Compensation Commission and appealing denied claims to pursuing third-party wrongful death claims when applicable.

If you lost a loved one to a job-related accident in Illinois, contact our office for a free consultation. We will evaluate your eligibility, explain your options, and help you pursue the maximum compensation available to you under Illinois law.