Oklahoma Death Benefits Compensation Lawyer

While thousands of people every year file workers’ compensation claims in Oklahoma, hundreds are also killed while on the job. As a result of this unfortunate reality, the State of Oklahoma has enacted several statutes and guidelines meant to provide solutions that will guide each instance when this occurs. The issue can be complicated to pursue, and below is an overview of death benefits offered in the realm of workers’ compensation in Oklahoma.

Guidelines for Death Benefits Payment Amount

The statutes dictate the following basics for what the deceased worker’s relatives will receive in terms of death benefits:

• 70% of the deceased's average weekly wage from regular employment for spouse
• An additional 15% for each child, with a maximum of 30%
• Maximum weekly benefit is the state's average weekly wage
• When the spouse remarries, he or she receives a two-year lump sum and benefits terminate
• Unmarried children are considered dependents until age 18, age 23 if a full-time student
• Children can be considered dependents beyond the age of 23 if they are not able to support themselves

While the equation appears quite simple, the requirements to receive benefits are actually littered with definitions and technicalities that should not be analyzed by someone without a legal background. Below is a look at these definitions and the statutory language.

Oklahoma Statutory Language of Death Benefits

The Oklahoma statutes define the following terms in relation to workers’ compensation death benefits:

• A. In respect to death benefits under the Workers' Compensation Act, the following definitions shall apply:
• (2) "Surviving spouse" means only the employee's spouse living with or actually dependent upon the employee at the time of his injury or death, or living apart for justifiable cause or by reason of desertion by the employee;
• (3) "Child" means a natural or adopted son or daughter of the employee under eighteen (18) years of age; or a natural or adopted son or daughter of an employee eighteen (18) years of age or over and physically or mentally incapable of self-support; or any natural or adopted son or daughter of an employee eighteen (18) years of age or over who is actually dependent; or any natural or adopted son or daughter of an employee between eighteen (18) and twenty-three (23) years of age who is enrolled as a full-time student in any accredited educational institution. The term "child" includes a post-humous child, a child legally adopted or one for whom adoption proceedings are pending at the time of death, an actually dependent stepchild or an actually dependent acknowledged child born out of wedlock;
• B. All questions of relationship and dependency shall be determined as of the time of injury for purposes of income benefits for injury, and as of the time of death for purposes of income benefits for death.

Lump Sum Payments for Death Benefits

There are also instances where a lump sum payment is appropriate, such as when the surviving spouse remarries, as mentioned above. Below is the schedule of payments due to the family of the deceased worker:

• Spouse – $100,000, plus up to $10,000 for funeral expenses.
• Spouse and one child – Spouse – $100,000; Child – $25,000 to be placed in trust at the Court’s discretion;
• Funeral Expenses – Maximum of $10,000
• Spouse and two or more children – Spouse: $100,000; Children: Divide $50,000 equally to be placed in trust for each child at the Court’s discretion
• No spouse, one or more children – Children: $25,000 per child, up to a maximum of $150,000, divided equally, to be placed in trust for each child at the Court’s discretion.

As the numbers indicate, the figures can be somewhat substantial, but once again, you’ll need to make sure that all procedures are followed properly in order to fully realize the benefits available to you.

Why You Need an Attorney to Help You

There are several reasons why you need the help of an Oklahoma workers’ compensation attorney if your family member was killed on the job. The most obvious reason is that you are coping with a sudden death of a spouse, and the last thing you need to do is to attempt to apply Oklahoma statutes to your situation and to follow the intricate procedures required to obtain your benefits.

Additionally, attempting to do so yourself will raise the likelihood of a mistake and therefore a potential denial of benefits. If this occurs, you could be stuck in a long delay and appeals hearings before receiving your payments. While the statutory language is clear, its application is not, especially if a person does not have the background necessary to do so.

Therefore, if you have suffered the loss of a loved one while he or she was on the job, you need to contact the Oklahoma workers’ compensation attorneys at the law firm of Atkins & Markoff today to schedule an initial consultation.