Legal Question in Workers Comp in Missouri
death benefits
My husband was killed in a trucking accident while on the job. He has a son by a previous marriage who is declared legally disabled. The lawyers handling the trucking complany want to make a lump sum settlement to both parties in this case ( me and my husband's son). I want th elump sum settlement--my late husband's ex-wife, who is the son's legal guardian, does not want the lump sum setttlement. Can I have my lump sum settlement while she still gets the weekly checks?
2 Answers from Attorneys
Re: death benefits
Is this strictly a workers' compensation claim, or is there a liability claim as well? You didn't really say. Before settling anything, you should definitely have a lawyer look into the accident for you to see if there are any non-workers' compensation claims you can bring as a result of his death. Doing so may allow you to avoid Work. Comp., and if you can avoid WC, you can get around the absurdly low values you get in WC death cases. (And yes, you can probably split these benefits up that way, if you both are in agreement).
Please call me if you want to discuss this, and I'll be glad to explain to it you briefly. You can get my e-mail address below and my other contact info from my web site, which is at www.CurranLawFirm.com.
Re: death benefits
You really should consult with an attorney who handles both workers compensation claims and third party liability claims. You should not sign anything until you do so. Otherwise, you could be giving up many of your rights.
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