South Carolina Death Benefits Claims
When a loved one is killed in a work accident, a spouse and each child may receive weekly compensation.
Workers’ Compensation coverage is elective for employers in South Carolina with three or less employees. Anyone employing four or more employees is required to have workman’s compensation insurance, which provides death benefits in the event that an employee is killed related to a workplace accident.
Medical: Medical expenses related to the employee’s death will be paid and/or reimbursed.
Services: Funeral expenses as set forth pursuant to South Carolina Code Section 42-9-290.
Paid compensation: Financial assistance in the form of compensation benefits will be paid according to the following terms:
- All workers’ compensation death benefits are exempt from the claims of creditors and all estate taxes.
- 2/3 of the employee’s weekly wage will be paid to a spouse, or a spouse and dependent children. The weekly benefit will not be less than $75 or more than the annual compensation rate limit. (For 2010, this is $689.71.) The benefits will be paid up to a maximum of 500 weeks with two exceptions: 1. Weekly benefits already paid to the employee (and family) during injury will be subtracted from the death benefit limit. 2. When a spouse remarries, a two-year lump sum is payable to the spouse upon remarriage and weekly benefits cease.
- Children receive benefits beyond age 19 if disabled, or until age 23 if full-time students.
Who Receives Death Benefits When There Are No Dependents?
- If there are no dependents, workers comp death benefits will be paid out among partially dependent persons.
- If there are no dependents at all, workers’ comp death benefits will be paid to non-dependent children.
- If the deceased employee does not have children, the worker’s comp death benefits will be paid to the employee’s parents.
- A claim for death benefits must be filed within two years of the employee’s death.
If the Employer Denies Your Death Benefit Claim
The employer (or insurance company) may deny a claim for death benefits if:
- The injuries to the deceased were self-inflicted, meaning intentional (not accidental).
- The accident that resulted in death occurred through the act of a serious crime by the deceased.
- The employer denies that the deceased employee was on the job.
- The deceased employee died as a result of an accident (or action) that violated company policy. If your loved one was killed as a result of a work place accident, please call Strom Law Firm for advice at no-cost to you.
Call Today for a Free Workers Comp Death Benefits Consultation
Our attorneys understand the impact that a work related injury or death has upon you and your loved ones. The most important thing you need to focus on is a speedy recovery. You need an advocate who will seek justice on your behalf. Contact one of the workers comp attorneys at the Strom Law Firm, LLC for a free consultation to discuss your legal rights. 866-490-2847. You may also reach us by completing the case confidential evaluation form at the top right of this page.