Survivors Benefits

In the event that the work-related injury or disease results in the death of the employee, his or her spouse and children are entitled to full benefits. Benefits are paid to children under the age of 18 or until age 25 if a full-time student or if physically or mentally handicapped for the duration of the incapacity. If the deceased has no eligible spouse or child, the benefits are paid to his or her totally dependent parents. If the deceased has no eligible spouse, children or totally dependent parents, the benefits may be paid to other survivors, including partially dependent children, parents, grandparents, grandchildren or the other heirs who are at least 50% dependant on the employee. If the spouse remarries and there are no children at the time of the remarriage who are entitled to benefits, the spouse is entitled to a final lump sum payment equal to two years compensation. The benefit is two-thirds (66 2/3%) of the employee's gross average weekly wage. The average is based on the employee's wages during the year before the injury or exposure, subject to certain limits. The survivors' benefit is limited to 20 years of weekly benefits, or $250,000.00, whichever is more.

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VERDICTS &
SETTELMENTS
  • $1,225,000 settlement for a speedway patron who got hit by a baseball-sized rock kicked up by a race car. The rock hit her so hard, she needed an emergency tracheostomy and brain surgery.

  • $6,000,000 settlement for our client, a 4 month old baby whose doctors had failed to diagnose a brain infection that left her with permanent brain damage and cerebral palsy.

  • $11,800,000.00 in a product liability settlement for a father of five who tragically died when his tire treads failed, causing his vehicle to roll over.

  • We obtained a $5 million settlement for a woman whose son died when his physician failed to diagnose a tumor.

  • A woman recovered $2.25 million in a medical malpractice case, in which the woman's obstetrician/gynecologist failed to spot her cancer on a pap smear, causing our client to have to undergo multiple, surgeries.

  • A $2 million verdict was obtained for a woman whose Ob/Gyn failed to refer her to a gynecologist to treat what turned out to be a malignant uterine sarcoma.

  • We obtained a $1.7 million settlement in a nursing home neglect case in which a 72 year-old man suffered radiator burns so severe that he had to have his legs amputated.

  • We obtained a $1.4 million award in a slip and fall case involving a 13 year-old boy who developed severe hip trouble after falling down the stairs of his high-rise.

  • A $1.25 million settlement in favor of our client, an 18 year-old boy who lost most of his vision after being assaulted by a security guard.

  • We obtained a $1.15 million settlement for our client, a little girl who suffered severed burns as a direct result of fire code ordinance violations.

  • A union painter whose legs got crushed by a forklift recovered $1 million in damages.

  • A $1 million settlement in favor of our client, a hemophiliac, who suffered severe soft tissue damage in a car accident.

  • A union steel worker who injured his back moving a 300 pound steel beam in the rain recovered $1 million for his construction site work injury.

  • We obtained a $900,000 settlement in the case of a beaten prison inmate who died after being given the wrong medication at the hospital.

  • We obtained a $600,000 settlement for a man who suffered a below the knee amputation after his friend accidentally shot him with a hunting rifle at a restaurant.

  • A 54 year-old woman recovered $600,000 in a product liability settlement after her oven mitt exploded and severely burned her breasts.

  • A woman who had lost her baby to fetal distress while in the hospital was awarded $500,000 for medical malpractice.

  • An 81 year-old bedridden stroke victim recovered $390,000 after he developed what would turn out to be fatal pressure ulcers stemming from negligent nursing care.

  • A nursing home resident won a settlement of $300,000 stemming from a hip fracture accident. His nursing staff had failed to take proper fall-risk precautions.

  • We obtained a settlement of $250,000 for the estate of a 21 year-old man who, after sustaining life-threatening injuries in an automobile accident, subsequently died in the hospital due to the staff's failure to insert a chest tube.

  • We obtained a settlement of $175,000 for the estate of a woman whose negligent nursing home care resulted in bed sore ulcers that led to an infection that ultimately caused her death.

  • We obtained a $150,000 settlement for a 69 year-old stroke victim who had to have an above the knee amputation due to nursing home neglect.

  • A $150,000 verdict was recovered for the estate of a 79 year-old man, who suffered bed sores stemming from nursing home neglect that ultimately contributed to his death.

Contact Info

Malman Law
205 W. Randolph St., Suite 610
Chicago, Illinois 60606

Toll Free: 888-625-6265
Email: info@malmanlaw.com

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