Legal Question in Workers Comp in Pennsylvania
Can my family receive compensation when my bro. was killed on job?
My brother was killed instantly on his job. can the surviving mother, brothers or sisters receive any benifits? His only daughter from a previous marriage, has not been in contact with us since the burial. She is by law incharge of his estate. She is in her late twenties and was no more wholly dependent on his income than we were at the time of his death. We feel the mental stress and anquish feeling of loss the same as she did.
The accident happen on August 13, 1996. Is there any recourse my family can take at this time? Living with the fact that this accident left no identifiable remains of his body is very difficult to deal with. It just does not seem right that one side of a family can receive a financial windfall from such a tragic death and the other side receives traumatizing memories. Please help!!!!!!!!!!
1 Answer from Attorneys
Brother's death, who recovers
Your state identifier said SC-PA, so that's a little confusing. The law where your brother lived is the most important source to determine who would be entitled to inherit from his estate, and who might have a wrongful death claim, and who might be entitled to administer the estate. In PA, a wife who has been separated for more than a year may have forfeited a share.
So if your brother lived in PA, feel free to call me for more info; I may be able to help.
It sounds like a horrible injury; there may be claims against third parties, as well as workers' comp benefits for any dependents. In any event, an attorney should be involved to represent the estate's interests in maximizing all sources of recovery and making sure they are properly distributed.
The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.
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