Does Workers’ Compensation Cover Death Benefits in Illinois?

Categories: Illinois Workers’ Compensation Law. | March 12, 2025

In Illinois, Workers’ Compensation provides death benefits to the surviving dependents of an employee who dies due to a work-related injury or illness. These benefits are available to those who relied financially on the deceased worker. The amount of the benefit depends on the relationship to the deceased and the level of financial support they received from the worker.

To qualify for death benefits under Illinois workers’ compensation law:

– The death must be caused by a work-related injury or illness.
– The employee must have been engaged in employment at the time of the injury or illness that led to their death. Surviving family members who were financially dependent on the deceased worker may be eligible for death benefits.
Eligible dependents typically include:

– A spouse
– Children who are under the age of 18
– Children who are under 25 who are full-time students
– Children of any age who are physically or mentally incapacitated: The benefits will continue to be paid for as long as the condition persists.
– Other Dependents: In some cases, other individuals who were financially dependent on the deceased may be eligible, such as parents or siblings.

In the state of Illinois, these death benefits are allocated through weekly payments. An eligible dependent can receive up to two-thirds of the deceased worker’s average weekly wage. The minimum and maximum amounts that can be paid out are established by the state each year. Benefit payments end after $500,000 is paid out or after 25 years. Workers’ compensation death benefits may also be used for funeral expenses up to $8,000.

Filing a claim for death benefits after a loved one’s work-related death can be overwhelming. Our attorneys at Krol, Bongiorno & Given are dedicated to helping families obtain full compensation for work-related fatalities. In addition to securing workers’ compensation death benefits, we also handle third-party lawsuits for personal injury damages.

If you have lost a loved one in a work accident, give our law firm, Krol, Bongiorno & Given a call today. We have handled well over 30,000 claims for injured workers and have consistently generated some of the largest settlements and awards at the Illinois Workers’ Compensation Commission. To learn more about how we can help you, please call (312) 726-5567 for a consultation or contact us online.