Can Family Claim Workers’ Compensation Benefits after a Workplace Death?

The question is ‘are there fatal claims in Workers’ Compensation in Pennsylvania?’ And the answer is yes, there are.

If your work accident or your work environment causes death, then a dependent spouse or child, or sometimes other family members could bring a fatal claim. The important thing to remember there is that the person bringing the claim on behalf of the deceased has to be dependent upon the deceased in order to bring the claim. So just because you’re the child of someone who has passed on because of their job, that doesn’t mean you can bring a fatal claim. You have to be a dependent child.

Just because you’re the spouse doesn’t mean you can claim Workers’ Compensation — you have to be a dependent spouse. Generally spouses can prove dependency because the finances are co-mingled. So usually a spouse has no problem bringing a claim. Generally a minor child has no problem bringing a claim (through a representative).

It’s when you get to other family members that it becomes more difficult to do.

The advice offered above is general in nature and may not be applicable to every case. Consultation with an attorney is highly recommended. Reliance on this advice does not represent the formation of an attorney-client relationship in the absence of a fee agreement with Mr. Hillsberg.