Work-related death and survivors' benefits representation
If you lost a family member to a work-related accident or illness, Sobaek can file your survivors' benefits claim.
We prove the link between the work and the death and claim survivors' benefits and funeral expenses. We handle deaths from accidents as well as deaths from overwork and occupational disease.
What are workers' comp survivors' benefits?
They're benefits paid to the legal survivors of a worker who died from work-related causes. Depending on eligibility, they're paid either as a survivors' pension paid on a regular basis or as a lump-sum survivors' benefit paid once under statutory requirements. Funeral expenses are claimed separately. Heirs under the Civil Act aren't always the same people entitled to workers' comp survivors' benefits. You need to confirm each survivor's eligibility and statutory priority.
What to prove by cause of death
Whether the death came from an accident, overwork, or occupational disease, we prove the link to the work.
Workplace accidents
- How the accident happened during work, travel, or facility use, and its work-relatedness
- Site photos, accident reports, police and emergency service records, and witness statements
Overwork and cerebrovascular or cardiovascular disease
- The illness that caused the death and when it started
- Actual working hours and workload before onset
Occupational cancer and lung disease
- The link between past exposure to hazards and the disease
- How the disease, complications, and treatment contributed to death
Death during or after workers' comp treatment
- The link between the approved condition and the cause of death
- A past workers' comp approval doesn't mean every later death will be approved.
Death related to work-related mental illness
- Work-related events, illnesses, and the person's condition before death
- Whether the statutory exception for self-harm and suicide applies
Special cases such as missing persons
- Circumstances of the accident and search, and records from the relevant agencies
- Whether the presumption-of-death requirements under the Industrial Accident Compensation Insurance Act are met
Calculating survivors' benefits and funeral expenses
The payment method and amount depend on the average wage and who qualifies.
Survivors' pension
Paid if someone qualifies for the pension at the time of death. The annual amount is the 1-day average wage × 365 × 52~67%, depending on the number of eligible survivors.
Lump-sum survivors' benefit
If no one qualifies for the pension at the time of death, the legal beneficiary receives 1,300 days' worth of average wage.
Half lump sum and half pension
If an eligible pension recipient chooses this option, they receive 650 days' worth of average wage as a lump sum plus 50% of the calculated pension. It doesn't mean anyone can freely choose between a full lump sum and a pension.
Funeral expenses
Paid to the survivor who held the funeral, at 120 days' worth of average wage, subject to the published maximum and minimum amounts. If there are no survivors and someone else had to hold the funeral, the actual costs are paid up to the statutory limit.
Checking eligibility
Who receives survivors' benefits? It depends on family and financial-support relationships.
Family relationship and statutory priority
We check the family relationship, such as spouse, children, or parents, and the statutory priority for the pension and for the lump sum.
Financial ties at the time of death
We check how you and the deceased supported each other financially. A common-law spouse can also qualify if the requirements are met.
Age, disability, and other pension requirements
We check the statutory requirements for pension eligibility, such as age and disability.
Having several family members doesn't mean the benefits are split by inheritance shares.
Sobaek's practice areas
We prove the link between the work and the death and claim survivors' benefits and funeral expenses.
- STEP 01
Review the death and family relationships
We review how the death happened using the death certificate and ER and autopsy records, and prepare records of the person's work history and family and financial ties. We also check whether a workers' comp claim was filed while the person was alive and any prior decisions by KCOMWEL.
- STEP 02
Claiming survivors' benefits and funeral expenses
We submit evidence of the link between the work and the death and of the survivors' eligibility, and explain it during KCOMWEL's investigation. We also calculate the benefit amount based on the average wage and payment method.
- STEP 03
Appealing a denial or benefit decision
We review the reasons the decision gives for its findings on cause of death, work-relatedness, eligibility, and amount, and challenge what you disagree with through a request for review or reconsideration.
When you consult with us, please tell us the date of death and the dates of any prior claims or notices. Whether or not a claim was filed during the person's lifetime, the filing deadline for each benefit has to be checked.
Frequently asked questions
Find answers to your questions before a consultation.
Can the family file if the deceased never filed a workers' comp claim while alive?
Yes. You need to prove the link between the person's work and their death. We gather medical records and past work history, and we also check the survivors' eligibility and filing deadlines.
My family member died of an occupational disease after retiring. Can we still receive benefits?
Retirement alone doesn't rule it out. We need to establish the link between past exposure to hazards and the disease, and between the disease and the death.
We renounced the inheritance because of the deceased's debts. Does that mean we can't get survivors' benefits either?
Workers' comp survivors' benefits are a right of survivors who meet the statutory requirements, and they're separate from renouncing an inheritance. Your eligibility can be reviewed regardless of the renunciation.
Can a spouse who never registered the marriage receive benefits?
Yes, if a common-law marriage is recognized and the eligibility requirements are met. We need to look at whether it was simply living together or a relationship with the substance of a marriage, along with financial ties and other family relationships.
If there's a spouse, children, and parents, do they split the benefits?
It's not divided by inheritance shares under the Civil Act. Depending on whether it's a pension or a lump sum, we need to check statutory eligibility and priority, and whether there are other survivors with the same priority.
We need money now. Can we take the full amount at once instead of the pension?
If someone qualifies for the pension, you can't freely choose a full lump sum. We need to check whether taking a half lump sum and half pension is an option, along with your family's eligibility and future payments.
If we accept condolence money or a settlement from the company, can we still get workers' comp?
Accepting condolence money or a settlement doesn't automatically rule out workers' comp. It may be offset against workers' comp benefits depending on the purpose of the payment and the terms of the agreement, so the settlement agreement and payment records need to be reviewed.
Request a consultation on a workers' comp or labor case
Talk to us about survivors' benefits.
Tell us how the death happened, your family relationship, and whether any claim has already been filed. We'll advise you based on the medical records and documents you have.
You can also email us directly
For corporate advisory work, new cases, or meeting requests,
email us at the address below.