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MO Workmen's Compensation Death Benefits to stop after Wrongful death suit?

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angieshue

Member
What is the name of your state (only U.S. law) MO

Long drawn out story, but don't know how else to get help but ask, my daughter's father was killed on the job, his Mother received a wrongful death settlement, 50% of that going to my daughter, his only heir, when she becomes legal age. It is in a restricted account now, which is fine, I do not want to take any of it, but we have been receiving WC Death benefits to help take care of her NOW, while she is still young. I have asked if these benefits will go away or if they will change, cannot seem to get a straight answer. Lawyer for Wrongful death suit is in talks with them (WC) they have a lien against any monies that my daughter receives, but will the benefits stop completely that take care of her needs NOW once the lien is taken out of her part of the settlement? I am confused as to how this situation will work out. Thanks for any help.
 


Silverplum

Senior Member
What is the name of your state (only U.S. law) MO

Long drawn out story, but don't know how else to get help but ask, my daughter's father was killed on the job, his Mother received a wrongful death settlement, 50% of that going to my daughter, his only heir, when she becomes legal age. It is in a restricted account now, which is fine, I do not want to take any of it, but we have been receiving WC Death benefits to help take care of her NOW, while she is still young. I have asked if these benefits will go away or if they will change, cannot seem to get a straight answer. Lawyer for Wrongful death suit is in talks with them (WC) they have a lien against any monies that my daughter receives, but will the benefits stop completely that take care of her needs NOW once the lien is taken out of her part of the settlement? I am confused as to how this situation will work out. Thanks for any help.
http://labor.mo.gov/DWC/Injured_Workers/survivor_benefits.asp

"A dependent child receives benefits until age eighteen, unless a full-time student, in which case the benefits continue until age 22 or until no longer a full-time student, whichever first occurs. If the dependent child is physically or mentally incapacitated from wage earning, the weekly benefit (or a share of the weekly benefit) may continue for life, unless and until he or she is no longer incapacitated."
 

LdiJ

Senior Member
What is the name of your state (only U.S. law) MO

Long drawn out story, but don't know how else to get help but ask, my daughter's father was killed on the job, his Mother received a wrongful death settlement, 50% of that going to my daughter, his only heir, when she becomes legal age. It is in a restricted account now, which is fine, I do not want to take any of it, but we have been receiving WC Death benefits to help take care of her NOW, while she is still young. I have asked if these benefits will go away or if they will change, cannot seem to get a straight answer. Lawyer for Wrongful death suit is in talks with them (WC) they have a lien against any monies that my daughter receives, but will the benefits stop completely that take care of her needs NOW once the lien is taken out of her part of the settlement? I am confused as to how this situation will work out. Thanks for any help.
Have you checked to see if your daughter is eligible for Social Security Survivor's benefits?
 

safetyforlife

Junior Member
opinion

What is the name of your state (only U.S. law) MO

Long drawn out story, but don't know how else to get help but ask, my daughter's father was killed on the job, his Mother received a wrongful death settlement, 50% of that going to my daughter, his only heir, when she becomes legal age. It is in a restricted account now, which is fine, I do not want to take any of it, but we have been receiving WC Death benefits to help take care of her NOW, while she is still young. I have asked if these benefits will go away or if they will change, cannot seem to get a straight answer. Lawyer for Wrongful death suit is in talks with them (WC) they have a lien against any monies that my daughter receives, but will the benefits stop completely that take care of her needs NOW once the lien is taken out of her part of the settlement? I am confused as to how this situation will work out. Thanks for any help.
Hello Angieshue,
Better to take an agreement On WC Death benefits. Agreement helps you in case of if there are any change in the benefits, because it makes both the parties to satisfy the terms and condition. No one will stop you from getting benefits.
 

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