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West Virginia Application for 104 Weeks Dependents Benefits

State:
West Virginia
Control #:
WV-SKU-0488
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Description

Application for 104 Weeks Dependents Benefits

West Virginia Application for 104 Weeks Dependents Benefits is a program designed to provide financial assistance to individuals who are dependents of a deceased worker who was employed in West Virginia. It provides a weekly benefit to help cover expenses such as food, housing, transportation, medical care and other essential needs. The program is funded by the West Virginia Workers’ Compensation Fund. There are two types of West Virginia Application for 104 Weeks Dependents Benefits: Dependents Benefits for Widows and Widowers, and Dependents Benefits for Natural and Adopted Children. Both types of applications require proof of the deceased worker’s employment in WesVirginiansas proof of the applicant’s relationship to the deceased worker. The application also requires other documentation, such as proof of income and residence. Applicants must also provide information about the deceased worker’s death, such as the date of death, the cause of death, and the name of the attending physician. Applicants will receive a decision on their application within 30 days of submission. If approved, benefits will be paid on a weekly basis for up to 104 weeks. The amount of the benefit will depend on the deceased worker’s income, as well as the number of dependents.

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FAQ

STATE PENSION BENEFITS The surviving spouse of a member who dies from duty related pre-retirement death is entitled to receive an annual benefit in equal monthly installments, an amount equal to 5.5% of the total salary which was or would have been earned by the deceased, but not less than $6,000.

Physical and vocational rehabilitation. (a) The Legislature hereby finds that it is a goal of the workers' compensation program to assist employees to return to suitable gainful employment after an injury.

Permanent disability (PD) is any lasting disability from your work injury or illness that affects your ability to earn a living. If your injury or illness results in PD you are entitled to PD benefits, even if you are able to go back to work.

Permanent Partial Disability (PPD) Benefits: An injured worker's wage paid is 66 2/3%. The weekly payment minimum is $175.33, 33 1/3% of the West Virginia state average weekly wage and may not exceed the Federal minimum hourly wage. The weekly maximum is $350.67, 70% of the West Virginia state average weekly wage.

If you have a permanent partial disability, you are eligible to receive the total amount of your PD benefits spread over a fixed number of weeks. If you have a permanent total disability, you are eligible to receive PD payments for the rest of your life.

Pursuant to W. Va. Code § 23-4-6(e)(1), permanent partial disability (PPD) rates are paid at 66 and 2/3% of the average weekly wage earnings, wherever earned, of the injured employee at the date of injury, not to exceed 70% of the average weekly wage in West Virginia.

West Virginia Code § 23-4-1(f) (2021)1 provides that no ordinary disease of life to which the general public is exposed outside of employment is compensable under workers' compensation unless the disease was incurred in the course of and resulted from employment.

The current maximum amount for SSDI payments is $3,345 per month. For SSI payments, by contrast, the maximum monthly amount a disabled individual can receive in 2023 is $914 for an eligible individual, and $1371 for an eligible individual with an eligible spouse.

More info

Follow the steps below to apply for education benefits. A workrelated injury or illness has improved as much as it is expected to improve, or; 104 weeks after an employee becomes eligible for TIBs.The guides will help you fill out forms you may need to get a problem with your claim resolved at the local DWC district office. You will be paid every two weeks if you are eligible. For most injuries, payments may not exceed 104 weeks within five years from your date of injury. (B) The special fund shall reimburse the employer solely for the monetary benefits paid for permanent total or partial injuries after 104 weeks. Effective date of application for benefits. Subtitle B—Benefits for Disabled Children. Sec. 211. Vocational TTD Benefits. Paid at same rate as TTD benefits.

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West Virginia Application for 104 Weeks Dependents Benefits