Does Tennessee Workers’ Compensation Provide Benefits to My Family if I Die at Work?
If the worst case scenario happens, and you are killed in the workplace, your dependents will receive workers' compensation benefits Tennessee law.
First and foremost, like any potential workers' compensation case, the injury which caused the employee's death must have been sustained while that employee was acting in the course and scope of his or her employment.
The next question to be addressed is whether the deceased employee left behind any "dependents." If no eligible "dependents" exist, the estate of the deceased employee is still entitled to recover the lump sum of $ 20,000.00. Tennessee law presumes that a surviving spouse and children under the age of 16 are dependents. Burial expenses are also payable up to $ 7,500.00.
In the event that only a surviving spouse is left behind, then this surviving spouse is entitled to 50% of the deceased employee's average weekly wages. If a surviving spouse and one or more dependent children are left behind, they will be entitled to 66 2/3 % of the deceased employee's average weekly wage. Both of these payments are subject to the maximum compensation cap provided by the Tennessee Department of Labor. The maximum benefit currently allowed is $ 322,400.00. This maximum award is separate from medical and funeral expenses.
It should be noted that parents, grandparents, siblings, and in-laws may also be considered "dependents" for purposes of receiving death benefits under Tennessee workers' compensation law. In some situations, it may be necessary to prove that such a person was actually a dependent of the deceased employee and, therefore, entitled to a share of the death benefits.
If you have any questions regarding death benefits under Tennessee Workers Compensation law, please call the experienced Memphis Workers' Compensation attorneys at Bailey & Greer.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
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