Dependents’ Entitlement to Workers’ Compensation Benefits From Decedent
If someone dies on the job, are their dependents entitled to benefits in Arizona?
The answer to this is “yes”.
If you, a loved one, or a friend are killed while working in Arizona, your dependents may be entitled to benefits under the Arizona Workers’ Compensation Act. These are referred to as “death benefits.”
If the person who dies is married, the spouse is automatically presumed to be dependent on the deceased and is entitled to benefits. Furthermore, children may be entitled to benefits as well. In addition even mothers, fathers, and siblings may be entitled to benefits in some circumstances.
As far as children are concerned, the child does not have to be the natural child of the worker who dies on the job. It can be a stepchild. It could also be an adopted child.
The courts determine who’s entitled to death benefits in Arizona based on the dependency at the time of the worker’s death, not the time of the injury, or the date of hire.
If you or anyone you know has questions on this subject, please feel free to call Fendon Law Firm in its Phoenix, Flagstaff, Prescott or Tucson office for a free consultation. We are the largest family-owned and operated workers’ compensation and Social Security Disability law firm in the State of Arizona. We also handle employment law cases.