Death Benefits in Illinois Workers’ Compensation

Jay Johnson

Each year, thousands of people die as a result of work related accidents throughout the country.  In Illinois, the Illinois Workers’ Compensation Act protects the families of victims of such devastating events by mandating life supporting benefits to the victim’s survivors.

The first death benefit is the payment of medical bills related to the life-ending injury.  The employer must pay these charges. A family suffering from such devastating loss are not stuck with mountains of bills that may have been incurred during life-saving efforts.

The second death benefit that Illinois law mandates is the payment of burial expenses.  Illinois law requires that the employer pay $8,000.00 for these expenses.

The final death benefit that Illinois law mandates is weekly compensation.  The surviving spouse and children of a worker killed in a work related accident generally are entitled to weekly benefits of 2/3 of the victim’s average weekly wage.  The benefit continues for 25 years or $500,000.00, whichever is greater.

In the event that a spouse remarries, he or she is entitled to an immediate two-year lump payment.  The weekly death benefits end.  The surviving children are entitled to benefits until they turn 18 years of age.  If they are enrolled as a full-time student, they are entitled to benefits until the age of 25.

In certain circumstances, dependent parents or other dependents also may be entitled to death benefits. 

Workplace fatalities are not limited to traumatic events.  Workplace fatalities also can be caused by exposures to environmental toxins such as chemicals, radioactive agents, and coal dust.  Heart attacks and strokes that lead to death, even in people who may have had preexisting (conditions), are work related if some factor of the victim’s job, such as exposure to extreme temperatures or physical activity, (brought on) the heart attack or stroke. Importantly, for first responders or essential workers that die from COVID-19, Illinois law presumes that such workers got the virus from their workplace exposure.  The families of these workers are entitled to the same death benefits.

Wrongful Death Attorneys

Contact our team to schedule a free consultation with one of our experienced and compassionate wrongful death attorneys. Call (630) 585-2320 or fill out an online contact form to get started.

Categories:

Got a Settlement Quicker Than I Expected and Better Than I Expected!

My second time with Leandro A. at Woodruff Johnson and Evans. Another great job. Didn’t have to talk with work comp at all this time since I told work comp I don’t trust them after the first occurrence with them. Got a settlement quicker than I expected and better than I expected. Thanks to Leandro […]

Brian M.

Attorney Dexter Evans: Professional, Responsive and Took Care of Business. Highly Recommended. You Will Not Be Disappointed!

Dexter Evans handled my case for a motor vehicle incident. I would like to inform you that he was very professional, responsive, and took care of business. Whenever I had a question they were very quick to respond and handled everything for me. If it wasn’t Dexter then Nicole was right there. I highly recommend […]

Otis S

Go to the Doctor. Do the Tests. Get the Diagnostics. Hire Leandro Alhambra!

Leandro Alhambra took on my workman’s comp case and did a great job getting a good return back. I had him take on the case late (2 years after the incident) and he still was able to provide a good amount of compensation. Advice to anyone reading: go to the doctor, do the tests and […]

Nelson V

Leandro A. Alhambra Fights to Get Every Dollar for his Clients

I used Leandro A. Alhambra for my workmans comp. case. I see in him that he fights to get every dollar for his clients to be satisfied of the […]

Daniel H

Their Office Represented Me Very Well

I felt that their office represented me very well with a very difficult people to deal with. The process took a long time but at the end they were able to close the deal. I want to thank you for the support and ability to answer any and all questions I had during this process. […]

DJ

Attorney Leandro “Lee” Alhambra has given me and my family a peace of mind that I am much grateful for.

My experience with Woodruff Johnson & Evans has been a blessing. My attorney Lee has been such a professional but also a friend that has walked me through many of the things that I had no knowledge of or what I should do next. He has given me and my family a peace of mind […]

Michael K.

I just wanted to let you and your office know how pleased I was with your handling of my case!

Dear Russell, I just wanted to let you and your office know how pleased I was with your handling of my case. The promptness in which you handled this matter and the professionalism you showed while doing so was greatly appreciated. Should there arise another time in which I need assistance or should an acquaintance […]

M. Wright

Attorney Dexter Evans Was Always Available to Answer Any Concerns I Had.

D.J. was always available to answer any concerns I had. The entire case was handled professionally. I am completely satisfied with entire staff at Woodruff Johnson & Evans that I […]

John N.

Attorney Jay Johnson went above and beyond!

Attorney Jay Johnson went above and beyond. He made everything so easy and was always available for any questions I needed to ask. I highly recommend Woodruff Johnson & […]

Chad M.

Attorney Russell Haugen was awesome!

Attorney Russell Haugen was awesome at handling my case and very communicative on a lot of information I needed help with as well. He also took out the time to make sure I was handled with great provision! […]

Jashaunti P.
View All Testimonials

Get Your Free Consultation

"*" indicates required fields