Legal Question in Workers Comp in Iowa

Re: Workers Compensation Claims when death occurs

In Iowa dependent children or other dependent persons may file a claim for workers' compensation benefits. The claim is filed in Iowa by interested parties which might include the children's parents or the parents of the decedent or friends of the decedent. I do practice in this area. Benefits would be paid to the dependents until they reach the age of eighteen or finish four years of post high school education. If parents were actually dependent on the deceased employee they too may file a claim for benefits, but must be ready to show actual financial dependency. The benefits are calculated based upon the employees actual earnings for the thirteen weeks prior to death. If the thirteen weeks are not representative of standard earnings normal earings from other employees can be substituted. The employer must also pay a set amount for burial and internment costs.

A wrongful death claim can be pursued along with a workers' compensation claim. I practice in this area as well. The work comp carrier has a lien on moneys received to the extent of workers' compensation payments actual paid. They must share in the fees and costs to obtain the monies. Any further questions please feel free to call. Steve Lombardi, 10101 University Ave., Suite 202, Des Moines, Iowa 50325 (515)222-1110, fax (515)222-0718