Every year dozens of workers in Minnesota head to their place of employment and never return. Fatal workplace accidents are an unfortunate reality in this world, and while families will never forget their loved ones, it’s important that they know what steps to take after a workplace death to ensure they can collect the dependency benefits they are entitled to receive.
But how are these dependency benefits designed, and how long can you collect them following the death of a loved one in a Minnesota workplace accident? We answer those questions in today’s blog.
Dependency Benefits In Minnesota
Dependency benefits will be based on the family situation of the deceased. Here’s what Minnesota law states about dependency benefits based on the surviving members of the family:
Spouse with no dependent children – The spouse would be entitled to receive 50 percent of the worker’s weekly wage, even if the spouse were to remarry. Benefits will be adjusted annually to reflect increases in average state wages, but this increase will not exceed six percent.
Spouse with one dependent child – The spouse and child would be entitled to receive 60 percent of the worker’s weekly wage.
Spouse with two dependent children – The same as the above scenario, but the family would be entitled to 66 percent of the weekly wage.
Surviving orphan or orphans – If only a dependent child is left behind, the child will receive 55 percent of the workers’ weekly wage. If there are two dependent orphans, that percentage rises to 66 and 2/3s percent.
Surviving dependent parents – If the worker had no dependent spouse or children, but they have dependent parents, the parents would be eligible for benefits. If there are two dependent parents, they could receive 45 percent of the workers’ weekly wage, and if there’s one parent, that percentage would drop to 35 percent.
Additionally, dependents would be granted funeral and burial expenses, up to $15,000.
But how long are dependents able to collect compensation after the death of a loved one? A spouse collecting benefits will be eligible to collect compensation for 10 years following the fatal workplace accident, regardless of whether they remarry. When kids enter the equation, it becomes a bit more complex. A spouse with dependents can receive dependency benefits until all children reach the age of 18, and then may continue collecting benefits for 10 years. With that said, a judge may determine what percentage of benefits are set aside for dependents, and may even appoint a guardian to hold and distribute benefits to a child when they reach a specific age. Surviving parents may be eligible to receive dependency benefits for up to 10 years following the death of their child if the worker had no spouse or children.
Hopefully you never need to lean on this information, but Dean and the team at Margolis Law Firm can help navigate this complex and emotional period if you ever find yourself facing the unthinkable. Reach out to our office today for more information at (952) 230-2700.
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