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Death Benefits
The surviving dependents of a deceased worker may receive workers' compensation death benefits if the worker's death arose out of and in the course of his employment. Death benefits provide weekly compensation to the dependents. In most states, the amount of total dependency benefits received is based on a percentage of the worker's average weekly wage. For partial dependency benefits, the amount received is commonly calculated as a portion of the dependent's support that was received from the worker. In addition to weekly compensation, death benefits also include a payment for the worker's burial expenses. The amount allotted for these expenses is set by the Workers' Compensation Act of each state and varies widely between the jurisdictions.
Payment for Representation of a Social Security Claimant
A social security claimant may choose to be represented by a third party in his dealings with the Social Security Administration (SSA). If the third party accepts the role of "representative" on behalf of the claimant, he is prohibited from charging the claimant a fee without prior authorization from the SSA. This holds true even if the claim is denied. To obtain approval from the SSA, the representative must use either of two fee authorization processes.
Social Security Disability Appeals Process
If an individual disagrees with the decision of the Social Security Administration, an appeal can be taken. In the appeals process, all parts of the decision will be re-examined, including those parts that are favorable to the appellant. A written request for an appeal is required and it must be done within a specified time period. The individual may have a representative aid them in the appeals process. The representative will act on behalf of the individual, but is prohibited from collecting a fee for this service without first gaining permission from the Social Security Administration.
Determining "Dependency" for Workers' Compensation Death Benefits
The issue of "dependency," with respect to the receipt of workers' compensation death benefits, is generally determined either as of the date of the worker's death or the date of the accident that caused his death. Those individuals who are, therefore, "dependents" on the requisite date will be eligible to receive death benefits in an amount commensurate with the measure of dependency on the worker, i.e. total or partial dependency.
Mental and Nervous Injury
Generally, a worker's injury that occurs in the course of his employment is compensable even though it is a mental or nervous injury as opposed to a physical one. With causation and "arising out of the employment" issues dispensed with, the majority of states find that a mental condition, which causes a physical injury, is compensable. For example, a worker is frightened by a sudden event or accident and immediately thereafter suffers a heart attack. Compensability is no less viable when the mental stimulus is sustained over a period of time. For example, an employee who over the course of months is so pressured by the demands of his employer and his position that, even though relatively young, he suffers a heart attack.
