Can You File on Behalf of a Deceased Worker as a Widow/Widower or Child?

Have you wondered if you can apply for EEOICPA benefits on behalf of a deceased spouse or parent?

A claim by a surviving family member is possible when the medical conditions that led to a worker’s death were caused by exposure to ionizing radiation or toxic chemicals. A worker’s death certificate lists the primary medical conditions which led to or contributed to death; if the underlying medical conditions can be linked to ionizing radiation or toxic chemicals, then a Survivor claim is viable, if there are eligible survivors.

Survivor Eligibility under Part B

In cases where a worker was diagnosed with any Cancer, Berylliosis (Chronic Beryllium Disease) or Silicosis, a Surviving Spouse or Child may file a claim for benefits. If the worker had not previously filed or was previously denied, a Spouse or Child may be eligible to pursue or resume a claim for compensation. There are guidelines that outline a sequence as to who in the family may be eligible: Most commonly, first a Spouse/Widow, and then children (natural, step or adopted), may be eligible. In some states, “common law” marriage rules apply. “Children” may include children from a prior marriage, step children, or even Adult-age children through multiple marriages, depending on the facts of the case.

Survivor Eligibility under Part E

In cases where a worker was previously approved for any Cancer, Berylliosis (Chronic Beryllium Disease) or Silicosis, Part E allows for a Surviving Spouse or Child to file a claim for additional compensation. Part E also is where toxic chemical exposures are considered for causing certain medical conditions, and if those conditions are listed as causes of death of a worker, then a claim may be pursued or resumed. Part E Survivor guidelines differ (from Part B) in that Children must meet additional specific guidelines.

What Do I Need to Prove Eligibility?

In addition to completing basic claim forms, you must provide legal evidence as to your relationship to the worker. If you are the Spouse/Widow of the worker, you’ll need to provide a copy of your marriage certificate and birth certificate. If you were married more than once, you may need to provide additional documentation. Children filing claims must provide a copy of their birth certificate, and where married, a marriage certificate documenting legal name change.

What if my Survivor Claim Is Denied?

Survivor claims are tricky in that there are guidelines limiting what medical conditions can be filed for, and which potential survivors are actually eligible. And, the evidence to prove eligibility can be more complex. Of the Survivor claims that are denied, probably half are correctable with the right documentation, and the other half were never going to be approved in the first place based on EEOICPA policies. Wouldn’t you like to “know” before you start or spend hours on your claim?

We Can Lead You Through the Claim Process

Filing for the EEOICPA program isn’t easy. The application process is both time-consuming and complicated. One simple mistake may result in a denial. To avoid this scenario, you need a trained set of eyes to review your claim.

AtomicWorkers® understands the complexities of the claim process. We can help you figure out if you have a valid claim or not at the start. If you’re a survivor and eligible, you should apply for monetary benefits. Our team knows the program like the back of our hands. We will work around the clock to make sure the government awards you with the compensation you deserve. We won’t settle for anything less. Schedule a consultation to learn if you qualify to apply for EEOICPA benefits on behalf of a deceased spouse or parent.

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