Greenville Workers’ Compensation Death Benefit Lawyer

Losing a family member due to a work-related injury or illness is a tragedy that also presents significant financial challenges for survivors. Funeral and burial expenses can add up to thousands of dollars, and a family member’s death can also mean a sharp drop in your household income.

A successful South Carolina workers’ compensation death claim can help your family recover the money needed to cover medical and funeral expenses and rebuild your future. Still, employers often dispute these claims, leaving families without the financial resources to make ends meet.

The Melonakos Law Firm in Greenville wants to help you seek fair compensation for a death in your family that happened at work. Our Greenville workers’ compensation attorneys know you have a lot on your mind, and we can simplify your life by handling all the legal work in a workers’ comp wrongful death claim.

Call now or complete our contact form for a free consultation about how our Greenville workers’ compensation lawyers can help your family after a workplace death.

How Our Workers’ Comp Lawyers Help with Death Benefit Claims

Our Greenville workers’ comp lawyers provide compassionate guidance and skilled advocacy throughout the process of a workplace death benefits claim. We can explain your rights, gather evidence to support your claim and file the paperwork promptly to avoid delays. If the insurance company disputes your claim or offers less than your claim’s value, we’re fully prepared to negotiate aggressively or represent you in court to assert your rights. Let us handle the legal details so you can focus on healing.

Our firm’s founder, Mike Melonakos, is a former insurance defense attorney with over a decade of experience. He selects every team member to uphold our firm’s values of compassionate support and strong advocacy. We’ve recovered over $50 million in compensation for our clients, and Mike Melonakos has tried over 20 jury trials and 30 bench trials. We’re ready to work hard to achieve excellent results in your case, too.

Understanding Workers’ Compensation Death Benefits in Greenville

South Carolina workers’ compensation death benefits are designed to provide financial support to the dependents of employees who die from work-related injuries or illnesses. Workers’ compensation benefits can help surviving family members cover immediate and ongoing expenses following a loved one’s death due to a work-related injury or occupational illness.

The South Carolina Workers’ Compensation Act says employers are responsible for providing compensation in these circumstances. Filing a death benefits claim typically requires proving the fatal injury or illness occurred within the scope of employment and directly caused the employee’s death. Working through the process can be challenging, and it’s often beneficial for families to seek legal guidance when filing workers’ compensation death benefit claims.

Who Is Eligible for Death Benefits from Workers’ Compensation?

In South Carolina, workers’ compensation death benefits are available to certain family members who relied on the deceased worker for financial support. Typically, surviving spouses, minor children, and other dependents qualify for these benefits.

If no dependents exist, benefits may go to partially dependent family members or, in limited circumstances, the deceased workers’ estate.

Eligibility for workers’ comp death benefits depends on demonstrating a financial reliance on the worker at the time of their passing. Specific relationships and dependency criteria are outlined under state law, making it essential to review the details of your situation carefully to determine who can receive compensation.

Types of Compensation Available for Surviving Family Members

Workers’ comp wrongful death benefits for surviving family members in South Carolina include:

• Weekly financial benefits – Eligible dependents, such as a surviving spouse and minor children, can receive up to two-thirds of the deceased worker’s average weekly wage. The weekly lost wages benefit is subject to state-mandated maximum limits, which are updated annually. Benefits may continue for up to 500 weeks in most cases.
• Lump-sum benefits for dependents – If a spouse remarries, they can receive a lump-sum payment equal to two years of benefits, ending their weekly benefits.
• Funeral expenses – South Carolina workers’ compensation covers up to $12,000 in funeral and burial costs to help families manage their immediate expenses after a family member’s death.
• Medical expenses – Workers’ comp typically covers medical bills related to the deceased worker’s fatal injury or illness, including hospital stays or treatments.
• Survivor benefits for partially dependent family members – In some cases, partially dependent family members, such as elderly parents, may qualify for a portion of benefits to reflect their financial needs.
• Unpaid wages – Any wages earned but not yet paid at the time of death may be included as part of the compensation available for eligible dependents.

The Legal Process for Filing a Death Benefit Claim in Greenville, SC

Here are the basic steps involved in filing a workers’ comp death claim in Greenville:

• Seek legal guidance. Consulting our attorneys early in the process can help ensure you comply with critical deadlines while correctly filling out and filing necessary forms for the workers’ compensation claim. Our lawyer can also provide legal support if disputes arise during the process.
• Report the death promptly. Notify your family member’s employer about the death as soon as possible. Timely reporting is crucial to initiate the claim process.
• File a claim. Submit a claim for death benefits to the South Carolina Workers’ Compensation Commission. You must do this within two years of your family member’s death, as required by state law.
• Provide required documentation. Include supporting documents such as your family member’s death certificate, proof of employment, medical records linking the death to a work-related injury, and evidence of dependency (for example, marriage or birth certificates).
• Resolve disputes. If the insurer disputes the claim or undervalues your benefits, you may need to request a hearing with the South Carolina Workers’ Compensation Commission to present additional evidence. Our attorneys are prepared to vigorously argue your case at hearings and on appeal.
• Receive benefits. If the employer or their insurer approves your claim, you will begin receiving weekly benefits, reimbursement for funeral expenses, and other compensation as outlined by state law.

Types of Workplace Accidents and Injuries That Can Be Fatal

A few examples of potential fatal workplace accidents and injuries in Greenville include:

• Falls from heights
• Vehicle accidents
• Explosions and fires
• Machinery-related accidents 
• Electrocution
• Exposure to toxic chemicals or substances
• Crush injuries from collapsing structures or equipment
• Drowning 
• Workplace violence
• Severe burns
• Suffocation due to lack of oxygen or hazardous gases

Contact The Melonakos Law Firm for Compassionate Legal Support

Our Greenville workers’ comp death benefits attorneys stand ready to provide the comprehensive support you need after a family member’s work-related death. Call The Melonakos Law Firm now or reach out online for a free case review.