Workers’ Comp Death Benefits: What Families of Construction Workers Receive
Losing a family member to a construction accident is one of the most painful experiences a family can go through. In the immediate aftermath, financial concerns may feel secondary — but they are real, and Illinois law provides important protections for families in this situation. Workers comp death benefits Illinois families may be entitled to receive can help cover ongoing living expenses and funeral costs during an extraordinarily difficult time.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
The Legal Foundation: 820 ILCS 305/7
Illinois workers’ compensation death benefits are governed by 820 ILCS 305/7. This statute establishes the framework for survivor benefits when a worker dies as a result of a work-related injury or occupational disease. The law does not require the family to prove fault or negligence — it only requires that the death arose out of and in the course of the deceased worker’s employment.
Construction work carries some of the highest fatality rates of any industry. Fatal falls from scaffolding, being struck by equipment, trench collapses, and electrical incidents are among the leading causes of construction worker deaths in Illinois. When such a death is work-related, the family has the right to file for death benefits through the Illinois Workers’ Compensation Commission (IWCC).