Hobart, IN asked in Workers' Compensation and Probate for Indiana

Q: If someone dies during a work comp settlement that's unrelated to the injury gets engaged living together then married

settlement was not started though initial papers were filed with amended form with spouse signature to start settlement. Would the wife receive the settlement? Children were adults at time of accident and non dependent.

1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Indiana

A: Your question is not clear, on any level. In Workers' Compensation (WC) generally, time stops at the moment of injury. That may not have anything to do with your question. If the person dies BEFORE the case is tried or settled, the WC claim becomes part of his estate. If the person then dies intestate (without a will), his wife is entitled to 1/2 of his estate and his lineal or adopted children are entitled to the other 1/2 of the estate. That has NOTHING to do with WC.

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