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Death Benefits

Was Your Loved One Killed on the Job? Our Work Injury Lawyers Can Help

If a catastrophic workplace accident or exposure caused the death of your loved one, please reach out to our firm so we can help guide you through the workers’ compensation system during this difficult time. While we understand that no amount of money can erase the pain you experience after the loss of someone you love, obtaining death benefits after a family member is killed on the job can help relieve some of the financial stress you’re experiencing so you can focus on healing.

You’ve been through enough. You should not have to worry about how you’re going to pay for funeral expenses after someone you care about has died. Or how you will make ends meet when the financial support your loved one provided is no longer there. If a workplace accident has taken the life of your spouse or parent, let us help. You may be entitled to receive money for burial expenses. You may also be awarded death benefits that could pay out for the rest of your life. Give us a call today at 702-822-4444 to find out more about how we can help you put your life back together.

Are You Eligible for Death Benefits?

Not everyone who has lost a loved one to an on the job accident will be eligible to file a claim for death benefits. In Nevada, only the deceased employee’s spouse, minor children, and some other dependents may collect death benefits through workers’ compensation.

  • If you are the spouse of the deceased worker, you may be entitled to receive death benefits for the rest of your life.
  • If you are the minor child of the worker who was killed, you could receive payments until you reach the age of 18. If you’re a full-time student, those benefits may be paid until you turn 22.
  • Other relatives who were supported by the deceased can sometimes receive death benefits as well. If you were the dependent parent, sibling, or another relative who received financial support from the worker who was killed, give us a call to see if you qualify.

Filing a Claim for Death Benefits in Nevada

To win a claim for death benefits through the workers’ compensation system in Nevada, a workplace accident or exposure must be the primary cause of death. A death benefits claim must include:

Claims for death benefits must be filed within one year from the date the worker died. They are completely separate from the workers’ compensation claim the employee files while he or she is alive. Death claims can be filed regardless of whether a claim for work injuries was ever filed by the deceased.

How Benefits Are Paid When Your Loved One Is Killed at Work

If your loved one dies due to a work injury, getting the benefits you and your family members deserve can be tricky enough, but understanding how the money is paid is a whole other ballgame. We’ll help you work through the legal maze so you can better understand what to expect. In the meantime, here is an overview of how a death benefits claim works.

Death Benefits for the Surviving Spouse and Dependents

If you are the surviving spouse of the worker who was killed, you may be entitled to receive up to two-thirds of the worker’s average monthly wage for the rest of your life. To qualify, you must have been married to the worker at the time of his or her death. Ex-spouses do not qualify. In Nevada, benefits payments are capped at 150% of the state average weekly wage multiplied by 4.33. The maximum benefits amount is adjusted on June 30 of every year. The family situation of the deceased employee impacts how death benefits are split.

  • If the worker had minor children from a prior relationship, the children and the spouse will split the monthly death benefits until the children age-out. The spouse will receive 50% of the death benefit and the children will split the remaining 50%.
  • If there was no qualifying spouse at the time the worker died, surviving children will split the death benefit until each turns 18, or 22 if full-time students.
  • If the surviving spouse dies while there are minor children, the children split the death benefits until the age of 18 or 22 is reached.

When no surviving spouse or children exist, other family members may qualify to receive death benefits.

  • If you are the surviving parent who was wholly dependent on the worker who was killed, you may be able to receive one-third of the employee’s wages.
  • When both parents are wholly dependent on the deceased worker, they can receive two-thirds of the employee’s wages.
  • If you are the minor sibling of the deceased worker and you were totally dependent on him or her for financial support, you may be entitled to a proportionate share of the death benefit until you turn 18.

Partial dependency payments may also be available for relatives of the deceased worker if they are partially dependent on his or her financial support. If you were partially dependent on someone who was killed at work, you’ll need to prove dependency and that you were related in some way. If you are the ex-spouse of the worker, you won’t be eligible. If you qualify, we can help you obtain partial dependency payments for up to 100 months.

If your loved one was killed on the job, give us a call right away. To be eligible for monthly death benefits and up to $10,000 in benefits for burial expenses, you’ll need to file a claim before time runs out. Reach out to us so we can get started helping you put your life back together. Call 702-822-4444.

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COVID-19 (Coronavirus) update

March 18, 2020 Udpate.

We have just been given notice that all Hearings and Appeals have been vacated and are off calendar by order the Senior Appeals Officer from the Nevada Department of Administration. It is unknown when the reset dates will occur.

March 17, 2020 Update.

As efforts concerning the containment of COVID-19 (Coronavirus) continue to evolve here in the U.S. and around the world, we want to assure you that Jason D. Mills & Associates remains committed to three important priorities:

Our offices remain open for business; however, we encourage all existing clients to help us limit exposure and the potential spread of COVID-19 by avoiding in-office meetings. We remain open for business virtually during normally scheduled work hours (9:00 am to 5:00pm, Monday through Friday). All email, fax, telephone, and other electronic communication will continue without interruption. If you have a scanner please scan documents and send to us in .PDF format. If you do not have a scanner, there are smart phone apps available such as: CamScanner, Adobe Scan and Genius Scan (and many others), that will turn your smart phone into a document scanner at zero or little cost.

Our local courts continue to update and modify their policies and procedures in response to the current COVID-19 situation as well, and we are monitoring those procedures to navigate the impact on your claims. So far, the Hearing and Appeals Office has halted all in-person hearings and is in the process of converting future hearings into telephonic hearings. As we learn more, we will provide updated information.

We also know that many of you have been personally impacted in a number of ways, and we apologize for any inconvenience these modifications may cause you but of course we are all experiencing this disruption together and will get through it together. We will resume normal operations as soon as the local, state and national governments give instructions that it is reasonable to do so. We appreciate your flexibility as we do our part to help bring this unprecedented situation under control.

Again, we are fully operational and are actively working on your claims. If there is anything you need, please feel free to contact our office (telephonically or electronically) during office hours so that we can direct your call and follow up accordingly.