[angie7]

My 20 y/o cousin was killed while at work. He was mowing the lawn of his place of business, when the mower quit working on a hill and he jumped off b/c the mower was falling over, and he was caught underneath it, causing his death. He was a college student, living at home with his mother (parents are divorced). My question is, his parents didnt get any type of compensation from his death from his place of business, workmens comp, etc. Are they entitled to something? We are located in Indiana.

[BlondiePB]

My 20 y/o cousin was killed while at work. He was mowing the lawn of his place of business, when the mower quit working on a hill and he jumped off b/c the mower was falling over, and he was caught underneath it, causing his death. He was a college student, living at home with his mother (parents are divorced). My question is, his parents didnt get any type of compensation from his death from his place of business, workmens comp, etc. Are they entitled to something? We are located in Indiana.

Your cousin's mother needs to consult with a work comp attorney.

[angie7]

Thank you for your reply. Just curious, does it have to be his mother b/c he lived with her? Can the father pursue anything with a work comp attorney?

[BlondiePB]

Thank you for your reply. Just curious, does it have to be his mother b/c he lived with her? Can the father pursue anything with a work comp attorney?

His father can also pursue this.

[angie7]

They are planning on contacting a lawyer. Can parents even get any kind of compensation from an "adult" death?

[seniorjudge]

When did all this happen?

(Yes, you can be compensated for an adult's death.)

[Mr. Knowitall]

If it's just worker's compensation, the death benefit is usually modest and is meant to be applied to funeral and burial expenses. There can be survivor benefits, but those normally only go to dependents.

There is a possibility that, with a defective lawnmower being involved, there may be third party liability. They can discuss that with a lawyer.

[angie7]

This happened in the summer of 2006. His company did pay for the funeral costs but I always thought that workman comp would apply something?

OSHA was involved and found the company for several problems but they were never fined. His parents are in the "works" with the manufacture of the lawnmower but felt that his company put him at risk by 1. using this lawnmower 2. mowing property that wasnt safe (wet and on a steep hill)

[BlondiePB]

This happened in the summer of 2006. His company did pay for the funeral costs but I always thought that workman comp would apply something?

OSHA was involved and found the company for several problems but they were never fined. His parents are in the "works" with the manufacture of the lawnmower but felt that his company put him at risk by 1. using this lawnmower 2. mowing property that wasnt safe (wet and on a steep hill)

OSHA will have the complaints documented. You should be able to retrieve some info about the complaints on the OSHA website. Your cousin's parent(s) can obtain a free consultation with work comp attorneys.

[RedT]

Go to:
http://www.workerscompensation.com/i.../glance.php#12

click on "Death benefits for Surviving Spouses and Children."

See also: Indiana Workers Comp Code
http://www.in.gov/legislative/ic/cod...2/ar3/ch3.html

Apparently, if an employee dies by accident arising out of and in the course of employment, or dies as a result of injuries sustained by accident arising out of and in the course of employment, the employee’s dependents become eligible to receive death benefits under the Worker’s Compensation Act. Ind Code 22-3-3-17


An additional allowance for funeral expenses (currently up to $7,500) is also made. Ind. Code §22-3-3-21.

So the question is, was/were his parent(s) dependants?