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  1. #1
    Join Date
    Jun 2019
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    1

    Default Accrued Benefits for Ptd

    My husband was receiving Permanent Total Disability, since 1999. He was in a very serious accident, while operating heavy machinery. He was in constant severe pain and was taking pain meds. He passed away 4 months ago due to accidental overdose. He told me, in the past, that I would receive his accrued benefits after his death. He said all I had to do is present his death certificate and our marriage license, which I did, several times. I have not heard anything from the Ohio Bureau of Workers' Compensation. It has been 2 months since I submitted the C-6 form with my marriage license and my husband's death certificate. Was he wrong in thinking I would receive his accrued benefits?

  2. #2
    Join Date
    Oct 1971
    Posts
    4,989

    Default Re: Accrued Benefits for Ptd

    Quote Quoting Snoops11 View Post
    My husband was receiving Permanent Total Disability, since 1999. He was in a very serious accident, while operating heavy machinery. He was in constant severe pain and was taking pain meds. He passed away 4 months ago due to accidental overdose. He told me, in the past, that I would receive his accrued benefits after his death. He said all I had to do is present his death certificate and our marriage license, which I did, several times. I have not heard anything from the Ohio Bureau of Workers' Compensation. It has been 2 months since I submitted the C-6 form with my marriage license and my husband's death certificate. Was he wrong in thinking I would receive his accrued benefits?
    You are entitled to accrued benefits owed on his award, call customer service at 1-800-644-6292 if you don't hear something soon.

    Accrued compensation
    If the injured worker was receiving compensation (e.g., temporary total disability or permanent partial disability) at the time of death, BWC will pay the unpaid portion of an award of compensation in an allowed claim due to the injured worker at the time of his or her death. BWC will take this action regardless of whether the death was the result of an allowed injury or occupational disease. BWC refers to this as accrued compensation.
    Who can collect the accrued compensation?
    Individuals who may be entitled to collect the accrued compensation are A dependent (i.e., surviving spouse, children)
    A provider or individual that rendered or paid for services pertaining to the injured worker’s death (e.g., funeral expenses)
    The estate of the injured worker, if there is no eligible dependent or provider or individual that rendered services pertaining to the injured worker’s death.
    https://www.bwc.ohio.gov/downloads/blankpdf/death.pdf

    If his death was a "proximate result of an injury or occupational disease" you along with all of his dependents may be entitled to funeral expenses along with death benefits.
    From what you've posted I believe his death was a proximate result of his injury, file a form C-5 and see what happens - all they can do is deny the claim.

    Form C-5
    If your family member died because of a work-related injury or occupational disease, as his or her surviving dependents you may qualify for compensation, including funeral expenses. When BWC allows a death benefits claim, reasonable funeral expenses may be paid or reimbursed up to a maximum amount allowable per Ohio law. Family members who may be eligible for benefits due to a work-related death include: •Spouse.•Dependent children under 18 years old.•Dependent children 18 to 25 years old who are attending an accredited educational institution.•A mentally or physically incapacitated child 18 or older who is unable to support his or herself.•Other family members with proof of dependency upon the decedent.Instructions for completing the Application for Death Benefits and/or Funeral Expenses(C-5)These instructions detail the information and supporting documentation you need to complete the application. Please fully complete eachsection of the C-5 form before submitting itto BWC.
    https://www.bwc.ohio.gov/downloads/blankpdf/C-5.pdf

    Death claims - A dependent's right to death benefits does not begin until after the death of the worker. If the decedent settled a workers' compensation claim prior to their death, this will not stop the dependent's right to file a claim for death benefits. A death claim is filed by the dependents of an injured worker who died as a result of an industrial injury or occupational disease. Dependent death benefits will be based on the level of dependency or support each dependent had while the worker was living.
    Death benefits can be divided into two categories. The first is when death results instantaneously as a result of an injury. The second is when death is not an instantaneous but a proximate result of an injury or occupational disease.
    You can apply for death benefits in any one of the following ways:
    The First Report Of Injury (FROI);
    The Industrial Commission of Ohio Application for Additional Award for Fatal Injury (IC-3019);
    By letter, if the death is a result of an existing claim;
    The new Additional Information for Death Benefits (C-5) or the OD-58-22 may also be used for additional information;
    By phone at 1-800-644-6292 or the local customer service office;
    A managed care organization (MCO) can also report the death due to injury or disease by filing the claim via External Data Interchange (EDI).
    Claims alleging that death is the result of an injury or occupational disease must be filed within two years of the date of death according to OAC 4123-3-08(D)(6) and ORC 4123.85.
    https://www.bwc.ohio.gov/basics/guid...eralinfo35.asp

    If you have problems, consult and retain a lawyer for assistance.

    Tony
    Last edited by tony; 06-08-2019 at 09:08 AM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,744

    Default Re: Accrued Benefits for Ptd

    If your husband passed away as a result of an accidental overdose of his workers' comp medications, then you may have a "death claim" under your state's workers' comp laws. IT is unlikely that the adjuster will volunteer this info or those benefits, so you will probably need the help of a good work comp lawyer to investigate and prosecute that claim.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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