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Workman's Compenstation
#1
I have a question regarding my brother: He was severely injured while on the job about 18 months ago - motor vehicle accident. He is receiving a monthly check from WC; however, they are about ready to settle with him. A few days ago, he was diagnosed with terminal cancer and has less than 6 months. My question is this: If he passes away before the settlement is complete, will this settlement go to his wife??
 
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#2
Workers Comp.Laws are State Specific, so if You could Please Post the State it would Help Others Answer Your Question Much better. I'm So Sorry and My Prayers go to Your Brother and His Family. I'm in Pa., and I know should I Pass, from what My Attorney tells Me that Anything that was in Litigation before My Death would go to My Wife, but the Case Stops there, and She would not Receive anymore from w/c. Your Brother's Attorney will Probably Work Very Hard to get this Settled for Him Quickly, so the Family isn't without! Welcome to the Boards, and Please keep Us Informed if You could on the Progress!Wink
 
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#3
Very dependent on the state. Some of them are very specific about which benfits are payable after the death of the employee. Hopefully he has an attorney giving him competent advice. Also, I wouldn't pay too much attention to the "6 month" thing. Doctors don't have crystal balls and cannot predict how long a patient will live. I have yet to see anyone with an expiration date on the bottom of their foot.
 
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#4
In PA, the settlement has to be approved by a judge after a hearing. I have actually had a client die while waiting for the hearing, and the settlement was unenforceable.
 
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#5
Jennie Watkin Wrote:I have a question regarding my brother: He was severely injured while on the job about 18 months ago - motor vehicle accident. He is receiving a monthly check from WC; however, they are about ready to settle with him. A few days ago, he was diagnosed with terminal cancer and has less than 6 months. My question is this: If he passes away before the settlement is complete, will this settlement go to his wife??
 
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#6
Jennie Watkin Wrote:I have a question regarding my brother: He was severely injured while on the job about 18 months ago - motor vehicle accident. He is receiving a monthly check from WC; however, they are about ready to settle with him. A few days ago, he was diagnosed with terminal cancer and has less than 6 months. My question is this: If he passes away before the settlement is complete, will this settlement go to his wife??

My brother lives in Idaho - he has been diagnosed with metastatic lung carcinoma to the bladder, kidney, liver, colon and a mass on his sternum. Thank you all for your info. I will keep everyone informed as his case progresses. (He lost a leg in the MVA while working)
 
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