Can I File a Fatal Claim Petition?

Philadelphia Fatal Work Injury Claim Lawyers

Like wrongful death claims filed in civil courts, fatal claims call for compensation for the wages the deceased worker would have earned if he or she had not been killed in a work related accident. Learn more about your rights when you are faced with a work related death of a loved one in Philadelphia by contacting our experienced Philadelphia Workers Comp lawyers at 24/7 at (877) 529-2422.

Fighting for a Worker's Family

Spouses and dependents of deceased workers may file a petition to obtain death benefits. Pennsylvania law requires such petitions (known as a Fatal Claim Petition for Dependents of Deceased Employees) to be filed within 300 weeks of the work-related injury. Employers and Insurance companies may place obstacles to those benefits. Disputes may arise over the employee's earnings before the injury, the employee's future earning capacity in addition to many other factors, including whether the employee's death was caused by the work environment or in the course and scope of the employment.

There are only limited types of fatal claim benefits available under the Act. Where an employee dies from a work injury or occupational disease, the Act provides for specific types of workers' compensation benefits including wage loss, medical expenses and burial expenses.

The widow, widower or dependent children of an employee who dies from a work injury or occupational disease are entitled to wage loss benefits in the amount of two thirds of the deceased employee's highest average weekly wage. Widows and widowers are entitled to these wage loss benefits if he or she was living with and at least partially dependent upon the deceased employee at the time of death. These benefits are payable to a widow or a widower for life unless the widow or widower remarries, in which case the benefits are payable for two years after the remarriage.

Dependent children are also entitled to wage loss benefits. As long as the children or child are under the age of 18. Benefits are payable after the age of 18 as long as the child is enrolled in college.

In the event of a fatality, any medical bills incurred as a result of the work injury or occupational disease which resulted in death are the responsibility of the employer.

In addition, the Workers' Compensation Act provides that the employer must pay a burial expense up to a maximum of $3,000 in the event of a work-related fatality.

Our promise: You need a Philadelphia workers compensation lawyer who understands the seriousness of a Philadelphia fatal work injury claim and will give it to you straight. You do not expect guarantees but you need a lawyer that you can trust to fight for you and your family to the fullest extent of the law. Our Philadelphia work injury team promises to work for you; be thorough and aggressive in setting out the best strategies for you and your loved ones.

A Team that Fights For Results

Our team of Philadelphia workers compensation lawyers is working on your case so that you have the benefit of several attorneys including Lee and using their combined efforts and experience to get you the justice you and your family need. We fight for injured workers in workers compensation courts in Berks County, Chester County, Delaware County, Montgomery County and Philadelphia.

You Don't Owe Attorney Fees Unless We Recover For You

We accept Philadelphia workers compensation claims on a contingency fee basis; which means that we do not require an advance fee, retainer or hourly rate but base our fee on a percentage of the benefits or monetary settlement we earn for you. We fight for injured workers in workers compensation courts in Berks County, Chester County, Delaware County, Montgomery County and Philadelphia. Learn how we will work toward the result you need.

When you have been seriously injured in a fatal work related accident, you need justice; and you need a top workers compensation lawyer with years of experience winning the tough cases: contact Lee Ciccarelli and our Philadelphia Workers Compensation team today. Call 24/7 at (877) 529-2422.