Location: Tennessee
Hi all. My husband died 2 weeks ago at 29 years old leaving behind me and our 4 year old daughter. He died in a car accident while on the clock and driving the company truck.
The company is nationwide but the owner of the local branch is best friends with my husband’s dad. This comes into play because the boss (husbands dads best friend) has not reached out to me at all for a condolences or at all. He started the workman’s comp claim and has given all information to my father in law. My FIL has been talking to the workman’s comp claim adjuster and finally CC’d me in the emails regarding documentation need (marriage certificate, death certificate, daughter’s birth certificate). The claim adjuster or husbands boss told my FIL I will receive $10k for the funeral, all medical bills paid (thank god bc the hospital sent a life flight to the scene), and 2/3 of my husbands weekly salary for 8 1/2 years. I have no idea how true this is as I haven’t been able to speak with workman’s comp. Are they legally allowed to leave me, his WIFE, out of these conversations? I was thinking maybe the boss of the company was told maybe not to reach out to me in case I am planning to sue them. I just have a weird feeling about all of this.
My FIL had a life insurance policy on my husband who I am sure he is the beneficiary of. My husband also had a policy through his work and 401k that I am the beneficiary of. His life insurance through work told me that since he didn’t have the policy for 2 full years that it is contestable. Which is strange because I found all this paper work for it and it doesn’t mention that at all. It isn’t about the money, I would rather struggle every day and live pay check to paycheck with my husband than this. There’s no amount of money that can replace him.
Should I contact a workman’s comp attorney or would that push everything back? Again, it’s not about the money but we have a mortgage and a child and the bills don’t care about my husband dying, unfortunately.
Edit to add- this was a single vehicle accident
Comments
Lawyer up.
Have you had a conversation with FIL about this? Is there any chance he is trying to shield you from having to deal with this on top of losing your husband. I’d probably start there.
If that doesn’t go well, make sure you don;’t sign anything someone offers you without legal representation first. Most decent sized firms will have someone that does workplace injury. Start making phone calls and see what local firms have a good rep.
You need a lawyer now. Don’t sign a thing without a lawyer reviewing it first.
Lawyer. Now. Do not tell your in-laws a thing. Do not agree to anything until you have been advised by an attorney.
This is also fairly identifiable so get some opinions and delete.
Lawyer lawyer lawyer lawyer
Make sure you file for Social Security death benefits for your child. You’ll be able to collect his Social Security benefits until your child is 18.
IANAL, but have worked in WC and am currently in HR Management.
The boss isn’t contacting you rn because it’s a legal matter. Once everything is settled he’ll probably be in contact.
No you should not be left out of any conversations about the worker’s compensation claim as you and your daughter are the beneficiaries.
Get your own lawyer. One that deals in death related workers compensation and have him reach out to the company, company’s insurance, life insurance, and father in laws WC attorney. You (your lawyer) should be taking the lead in all aspects of this. They can also probably walk you through getting SSI for your daughter and any other benefits you may be entitled too. I’m sorry for your loss and wish you the best.
Not your lawyer.
Get a TN worker’s compensation lawyer. What you and your daughter are entitled to is determined by your state law. You may have other claims, Against an other driver or a defective product. Also, your daughter maybe eligible for social security benefits. Don’t be passive—as hard as it is in your grief you need to be proactive.
Get a lawyer on an hourly basis
You need an attorney. There are other insurance policies that the attorney will go after. And as for workers comp a good attorney will take them to the cleaners. Don’t sign anything without consulting a good attorney.
is it legal for him to give claim information to FIL instead of spouse?
Everyone is telling you to get an attorney. What they’re not telling you is that the attorney will need to get paid, and everything you pay them is less money for you. This sounds like a very straight forward workers comp claim where you’re going to get whatever benefits you’re due by the state statute, and a lawyer is unlikely to get you more. If you have questions about workers comp the Tennessee Ombudsman will help you understand what benefits you’re entitled to and they will not you cost you anything.
There is also nothing stopping you from reaching out to the workers comp adjuster and saying you’d like them to stop communicating with your FIL and to communicate with you directly from now on.
Now if you want to file a lawsuit about the auto accident then you probably want an attorney, but don’t let them take money from you on the workers comp claim.
I don’t know how old your kids are, but I’ll also make a plug for Kids Chance when they start thinking about college.
first, I’m very sorry for your loss. i have worked in life insurance industry in the US. a contestable claim is normal when the insured passes away and their Term policy was effective for less than 2 years. the insurance company has to confirm through police reports and medical reports that the cause of death was due to accidental reasons vs natural causes. Since this was clearly an accident, policy beneficiaries will receive the full payout plus interest that starts accruing the day the insurance company received notification of your husband’s passing. contestable claims do take longer to approve due to the extra documentation required, but there is no incentive for the company to delay the payout.
I don’t have any legal advice in the matter. I just wanted to say I am sorry for your loss.
NLA – If you’re not getting the benefits owed you, then you would want to consider a getting a worker’s comp attorney. It sounds like that isn’t going to be a problem but you should be involved in the process. Only you know whether you think your FIL is being helpful or trying to take what’s yours.
You would want to retain a personal injury attorney if you’re thinking about suing the driver of the other vehicle(s) involved in the accident.
Why did your FIL have a life insurance policy out on his son?
Your case seems very straight forward. I would just ask them to provide you with death benefits. If they deny you those benefits, I would lawyer up. If they just go ahead and give you work comp death benefits without a fight (which they should in this case as it seems pretty straightforward), you could save the contingency fee of an attorney which could be a large chunk for a death claim.
First of all, my sincere condolences OP. I am sorry for your loss.
You can always consult with a few attorneys. A good one will tell you if it is worth hiring them or not. You can call the state bar and ask for a few names that are in good standing.
Seperate from workers comp though is auto insurance. I have worked in insurance for over a decade. I have not handled injury or fatality claims directly but have seen several over the years. Do you know if the company is self insured? Was there another driver involved?
I am so sorry this happened. Yes you need a lawyer to help you through this. I understand that this is not about money right now, but money is a factor and you need to make sure that you get what you are entitled to for your daughter’s sake.
Personally, I would take the trust but verify route with this. When you get all of the paperwork to sign, pay a workman’s comp lawyer for a couple hours to go through it before you sign just to be sure it’s all in order for your piece of mind. Also, they could also look over the insurance policy, and if needed send a strongly worded letter to get them to release the money of face a lawsuit for the money and attorney fees.
I’d be seeking an attorney before agreeing to anything. Most will do a free consultation.