Q: If a husband is entitled to a Worker’s Compensation settlement and he passes away, is the wife granted the settlement?
A:
So sorry for such a loss...but no, a spouse cannot secure a 'settlement' that the husband might have. IF THE DEATH is due to the work injury and the spouse is dependent upon the injured workers earnings (or if the children are dependents upon the injured workers' earnings) THEN THERE IS A WORKERS COMP DEATH CLAIM. That Application is separate from the Injured Workers initial claim, and you must prove that the spouse or the children (or both) were actually dependent upon the worker's earnings.
IF THE injured worker was still due some out-of-pocket expenses (maybe prescriptions were paid in cash) or Medical Mileage from the time when this worker was alive, the adjuster can pay that to the estate of the injured worker. If there was Temporary Disability or Permanent Disability due to the worker up through the date of death, that is due to the worker's estate. But sadly, nothing more.
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