What is considered "as a result of his or her employment"?
When a persons dies from injury or illness caused by his employment. Some examples of this would be: motor vehicle accident; machine operation accident; exposure to radioactive material or other dangerous chemicals; poisoning; suffocation; emotional shock; and Black Lung.

The person filing the claim must prove that death was a direct cause of employment. Death resulting from an injury and its effects, and occurring within three hundred weeks after the injury, is compensable.

Death caused by a third party for personal reasons is not covered under the Compensation Act.

Who can file a Death Claim?
A surviving widow or widower, surviving family members, heirs, executors or administrators of the estate.

Are death benefits the only benefits payable after death?
No. If the employer does not compensate the surviving widow or widower for benefits due during the employees lifetime, a lifetime claim for benefits can be filed with the Department of Labor. This would be a separate claim from the death claim and would not effect it's outcome.

What expenses would the employer be responsible for?
Burial fees, medical, hospital, surgical, drug, orthopedic and prostheses expenses. In some cases the referee will award reasonable attorney fees and witness expenses.

How do I make a claim?
If an agreement for compensation cannot be reached with the employer, you must file a Claim Petition with the Department of Labor within three years of the date of death.

NEXT - ESTATES