OREGON WORKERS' COMPENSATION DEATH BENEFITS

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Workers Compensation Death Benefits Lawyer in Oregon

Workers’ Compensation Death Benefits

Have you lost a close family member to a fatal work-related incident in Oregon? If so, you could be eligible for death benefits through the state’s workers’ compensation program. These benefits can provide the resources you need to manage your loved one’s final affairs and support yourself during this difficult time.

Jodie Anne Phillips Polich, P.C., is ready to review your situation to determine whether you’re eligible for workers’ compensation death benefits in Oregon. Contact our office today to learn more during a free consultation.

Who Is Eligible to Receive Oregon Death Benefits?

When a worker dies due to an on-the-job accident or occupational illness in Oregon, only certain survivors are eligible for death benefits. These survivors include:

  • Surviving spouses – Surviving spouses and domestic partners are eligible for workers’ compensation death benefits in Oregon.
  • Surviving minor children – Surviving children of the deceased younger than 19 years are also eligible for payments.
  • Surviving adult children – Surviving children of the deceased between 19 and 26 are eligible if they also attend college. Surviving adult children can also claim death benefits when there is no surviving spouse or when they are legally disabled.
  • Surviving dependents – Surviving dependents are eligible if they relied on the deceased during the 12 months preceding the worker’s death for at least half their average monthly support.

Work-Related Deaths Among Oregon Employees

According to the U.S. Bureau of Labor Statistics, nearly 5,000 workers died on the job nationwide in one recent year, the equivalent of approximately one workplace death every two hours. That year, 60 workers suffered fatal occupational injuries in Oregon. Here are the top reported causes of work-related deaths nationwide:

  • Transportation accidents
  • Slips, trips, and falls
  • Contact with objects or equipment
  • Intentional acts of violence
  • Fires and explosions
  • Exposure to harmful substances
  • Exposure to harmful environments

How Much Can I Get in Oregon Workers’ Comp Death Benefits?

The amount of compensation available in a workers’ comp death benefits claim varies depending on who receives payments. As of July 1, 2022, the statutory formulas and statewide maximums for death benefit payments include the following:

  • Funeral and burial allowances – Survivors responsible for the funeral and burial expenses of the deceased can claim reimbursement for out-of-pocket costs. The statutory limit for this type of reimbursement is 20 times the deceased’s average weekly wage (AWW), up to a statewide cap of $26,504.80.
  • Payments to surviving spouses – Surviving spouses are entitled to monthly benefit payments equaling 4.35 times two-thirds of the deceased’s AWW, up to a statewide monthly maximum of $3,843.39. The surviving spouse may continue receiving these monthly payments until they remarry or cohabit with another person with whom they have a child for at least one year. At this point, the surviving spouse is entitled to a lump-sum payment equal to 36 times their previous monthly benefit amount, up to a statewide maximum of $138,362.04.
  • Payments to surviving minor children – Surviving children under the age of 19 are entitled to monthly benefit payments equaling 4.35 times 25 percent of the deceased worker’s AWW, up to a statewide maximum of $1,441.20 per child. The maximum total monthly benefit payment available per deceased worker is $7,686.20. If the sum of each child’s benefit payments exceeds this statewide cap, the state will proportionally reduce the payment to each child.
  • Payments to surviving adult children – If surviving children between the ages of 19 and 26 are completing secondary or higher education programs, they can continue collecting monthly benefits for a maximum of two years until they turn 26. If a surviving adult child attending a college, GED, or vocational training program has no surviving parent because of the worker’s death, they are entitled to 4.35 times two-thirds of the deceased’s AWW, up to a statewide monthly maximum of $3,843.39. Similarly, if a surviving adult child is legally disabled at the time of the worker’s death, the child will continue receiving monthly benefit payments for as long as they have a disability.
  • Payments to surviving dependents – Surviving dependents under the age of 19 are entitled to monthly benefit payments as well, but the maximum total monthly benefit amount available to all surviving dependents is 4.35 times 10 percent of the deceased worker’s AWW, up to a statewide maximum of $576.48. If the sum of each dependent’s benefit payment exceeds this cap, the state will proportionally reduce the payment to each dependent.

When Should I File a Claim?

You should file a claim immediately if your loved one has died from a work-related illness or injury. Under Oregon law, you have 90 days from the date of your loved one’s death to notify their employer and one year from the date of their death to file a claim. If you miss either the notification or the filing deadline, you could lose your right to claim death benefits.

Obtaining Benefits After the Work-Related Death of a Family Member

When a family member dies in a work-related incident, you can take the following steps to establish a strong foundation for your death benefits claim:

  • Obtain a legal pronouncement of your loved one’s death.
  • Make arrangements for the funeral, burial, or cremation service.
  • Notify your loved one’s employer within 90 days.
  • Collect medical evidence of the occupational injury or illness.
  • Get certified copies of your loved one’s death certificate.
  • Contact a workers’ compensation attorney in Oregon.

How Our Attorney Can Help with Your Oregon Death Benefits Claim

The Oregon workers’ comp system might seem daunting and overwhelming, and you probably have several questions about how the system will apply to your unique situation. That’s why working with an experienced workers’ comp attorney is well worth it.

As a former member of the Oregon Workers’ Compensation Board, attorney Jodie Anne Phillips Polich has years of experience helping local workers and their families obtain benefits. She can help you understand your options and seek the maximum compensation you deserve from all available sources.

Contact a Workers’ Comp Attorney at Jodie Anne Phillips Polich, P.C.

If your loved one died due to a workplace injury or occupational disease, contact the experts at Jodie Anne Phillips Polich, P.C. We can evaluate your case and discuss the benefits available to you during a free confidential consultation.