Law

Each state has a different workers’ compensation law.

In Illinois your family is still able to recover Workers’ Compensation benefits upon your death.

You must prove that the work injury caused or contributed to your death and that it occurred during and arose out of your employment.

Examples are being killed in a motor vehicle collision while driving for work, or falling from a ladder at work, suffering heat stroke or a heart attack as a result of your labors.

The family members who may recover benefits are your spouse and your dependent minor children.

In certain circumstances if you do not have a surviving spouse or dependent minor children, then dependent adult children, dependent parents or dependent grandparents or grandchildren may step and claim some benefits. The proving of dependency may become tricky once you reach this level.

The amount of death benefits are the greater of $500,000 or 25 years worth of benefits at the appropriate rate.

Reaching adulthood and remarriage will have an effect on the continuation of benefits.

An example of the unfairness of the death benefit law is a 25 year old who drowns while in the course of his work, but he is unmarried and has no children. His family is not entitled to death benefits unless there is some proof of dependency on the part of his parents.

Questions about your work injury case? Feel free to contact Illinois Work Comp Attorney Dirk May at 309-827-4371.

The simplest way to look at work and Social Security Disability is to keep in mind that if make more than $1,000 a month gross, then you are not disabled.

This is because Social Security rules provide that you are not disabled, no matter what disease or illness you have, if earn over a certain amount.

Remember that gross earnings are what earn before anything is taken out of your pay check.

Some Administrative Law Judges will hold part-time work against you.

They think that if you can work part-time then you can work full time.

Other Administrative Law Judges will give you credit for trying to work.

Some ways to turn part-time work to your advantage in your Social Security Disability case is to show that your work is not up to par or as good as others.

This might be done by asking your employer to give you an attendance print out to show that you miss a lot of work if this is the case.

Or you might ask your supervisor to complete a form showing you have reduced productivity on the job, or need special accommodations such as additional help from your co-workers or supervisor.

This will give evidence that you do not have the ability to perform in a competitive work environment.

Keep in mind that you will need medical records to support the physical and mental limitations you have that reduce your ability to work at full capacity. Examples may be multiple sclerosis, autism, back injuries, hand and arm surgeries, mental illness or complications from diabetes.

Questions about your disability case? Feel free to contact Illinois Social Security Disability Lawyer Dirk May at 309-827-4371.