Because of the hardships many may be experiencing, every state mandates workers' compensation coverage for most of its workers that generally provides benefits to employees and/or their dependents for injuries or deaths that are related to one's work.

To receive benefits that are provided by these statutes, employees have to follow some technical requirements. Laws vary from state to state, however, the process of these claims under the majority of workers' compensation statutes are the same.

Filing a Claim: Who is Eligible?

The usual workers' compensation statutes only allow employees to file claims that are stemming from injuries that are related to one's work. Employees' spouses and dependents cannot file loss of services or loss of consortium claims for injuries.

In the situation of a death of an employee that is work-related, spouses or other dependents may seek burial expenses and death benefits under the workers' compensation system.

Usually, death benefits are limited to true dependents (not simply heirs). These benefits are intended to aid spouses and dependents in living without the income of the employee. Because of this, the succeeding marriage of a spouse will cancel out his/her ability to get continued benefits.

Moreover, death benefits stop with the death of the qualified beneficiary. However, there are cases in which dependent children may acquire the rights of a spouse to receive benefits upon his/her death.

Employees may generally receive compensation from a disability, whether it is temporary or permanent for:

?Medical care and other medical-related expenses

?Lost wages

Spouse and dependent(s) may receive death benefits, including burial costs, even if there is the existence of a life insurance policy.

Procedures in Filing a Claim

Majority of statutes oblige employees to advise their employers of their injuries in a particular period of time after an incident. Persons who represent or are acting out on behalf of the employee can give this notification to the employer. There are some states which oblige employees to also inform the state industrial commission.

Many statutes set a particular number of days in which the notification must be given, but there are some that make general statements. For example, notice has to be given "as soon as possible." There are times where the terms of the notice cannot be applied to death claims. Moreover, if an employee is mentally incapacitated or incompetent due to his injuries, he/she is usually excused from the requirements of the notice.

Usually, statutory notice does not have any specific manner how it has to be given. However, certain statutes oblige that the notice should be written. These conditions are not always imposed, it may be waived sometimes.

The moment an employer has been informed of an injury or death that is related to work, he/she will normally advise his/her workers' compensation insurer. If the employer and its carrier accept legal responsibility for the injury or death, a notice of compensation will be given out to the employee or his/her spouse and/or dependents.

Knowledge on the employees? compensation claim is needed so that you will know what you need to do to receive benefits in such a situation where you have been disabled or the sorrowful death of a loved one.