Yes. You qualify for South Carolina worker’s compensation death benefits. And the good news is, you qualify for the maximum benefit:

Worker’s Compensation Death Benefits

Limited burial expenses, up to $12,000.

Limited lost income benefits. The maximum benefit is a weekly check for two-thirds of the worker’s average weekly wage (called the “comp rate”), for a maximum of 500 weeks. This amount can sometimes be paid in a single check, but the amount will be reduced to present value (that is, discounted for expected inflation and other costs over the period covered). The base amount will be reduced by any workers’ compensation temporary disability checks that had been paid to the worker, if he did not pass away immediately.

Your husband’s children and others who depended on your husband for support qualify to receive benefits, too. Whether they qualify for the maximum benefit depends on several factors. We explain the complicated calculations involved in a separate article on this website.

Important: Because your husband passed away from a car crash that’s not his fault, you have access to compensation from the at-fault driver’s auto insurance company, and maybe your own. While this compensation can be desperately needed, getting it the right way can be very tricky due to complex worker’s compensation laws. Talk to your workers’ compensation attorney for help understanding the details in your specific case.

The emotional devastation of an unexpected work accident taking the life of a loved one is often worsened by plunging your family into financial crisis. You have rights and access to some relief, thanks to worker’s compensation and maybe the civil justice system. As hard as it is to keep going, fight for your family.

If you’ve been forced into this battle in Greenville, Spartanburg, Union, or Cherokee counties, or anywhere else in South Carolina, contact our experienced workers’ compensation lawyers to explore every option to obtain every benefit you can. Feel free to use the easiest way for you to reach us—by email, by live chat from our site, or by a toll-free call to 888.230.1841 or local call at 864.582.0416. We’re waiting to hear from you.


Rob Usry
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Rob is a Spartanburg personal injury lawyer. Rob also practices as a criminal defense attorney.