My father passed away last Saturday; question for HR and legal DUers

[OneGrassRoot]

My 61-year-old father passed away from a sudden heart attack this past Saturday. Yes, I'm still in shock, but I'm dealing with the details and necessary things that must be done in order to delay the inevitable gut-wrenching grief to follow.

I've gathered his financial info (my mom is still living), and I'm very nervous about my mom's situation now and am certainly following all avenues with regard to insurance, etc.

Anyway, my specific question is this: he works for a company and travels a lot, has a home office as well as a small rented office space in the town where he lives (the company is based out of another state). I am going to call the HR person tomorrow to find out about any death benefits he may have (I didn't see any specific life insurance deductions on his check stubs). But, an attorney I spoke with about another matter said to look into two things: 1) the fact that he was in the middle of working at his laptop, on a work project, when this happened; 2) an entity called "sudden heart attack" syndrome. He said that since my father had been traveling for work in the week prior to the heart attack, the second may apply.

I don't know....

As for the first, since he was working at the home office and wasn't traveling, I'm not sure there is much of a case there for work-related death benefits. As for the second, that sounds like a legal thing that we may not have the money or energy to pursue.

I want to follow up on any potential income my mother may be entitled to without going through undue legal proceedings. I also don't want to alienate his employer by mentioning anything without having more information.

Any words of wisdom?

Thank you

[Cabcere]

1. I don't have any advice for you, but

I do offer my condolences for your loss. :hug: Sorry to hear about that - your family will be in my thoughts and prayers. :hug: :grouphug: :hug:

[SaveOurDemocracy]

2. I don't have any info for you ...

... but I'm very sorry for your loss. Condolences and best wishes to you and your mom.

[NMDemDist2]

3. most companies that offer benefits have a life insurance policy included

that you wouldn't see a deduction for on his pay stub

that being said, I am very sorry for your loss and wish you and your mother my warmest thoughts in this difficult time.

[grasswire]

5. that's what I was thinking....

...that there might have been a life insurance policy as a perk of his job. Also, check to see if any organizations he belonged to have any death benefits. I once belonged to a professional association that had a $5,000 benefit for members' survivors. Just check.

[woodsprite]

19. My check at work only shows a deduction for life insur. because

I took a higher value policy than the default policy. Does the company have an Benefits section on a website? Ours does and it lists stuff there. There is also a policy/procedures manual online that spells out the specifics. Might be good to take a look to see if something exists before you call HR. It might give you some additional questions to ask.

I'm sorry. I'll keep you, your Mom and family in my prayers and thoughts.

[MrMickeysMom]

4. First, I'm so sorry to hear of your loss

I'm not a lawyer, not heard the phrase "sudden heart attack" syndrome, but have heard, "sudden cardiac death" as it relates to cardiac arrest.

My best advise is to gather family support to assist you in witnessing any conversation with those related to your Dad's work. You have a right to not only ask questions with support at your side, but assume working can exist outside the office setting, just as it would have when your dad traveled.

[flvegan]

6. Words of wisdom? Pay the retainer.

Your situation needs the attention of a lawyer well-versed in this.

I have more to suggest, but I won't, and I beg off to those more in the know.

My best to you, as well as my condolences.

[bananas]

16. I concur, and condolences.

Let an attorney handle it.

[madrchsod]

7. sorry about your loss

your mother and you need a lawyer guide you and your mom through all this. this is the best way to protect your mom`s interests and it will relive her and you of the pressure,etc . i`ve been through something similar to this and hiring a trusted lawyer the best for family.

[goclark]

8. My sympathies to you and your family nt

[IChing]

9. Sorry for your grief and loss

As everyone has said hire the lawyer that is trained in these matters.

See who is the executor of his will if he had one.

[hiaasenrocks]

10. Sorry for your loss. Best wishes to you and your family. n/t

[Joe for Clark]

11. That there may be a workmans comp claim??

WHat state you live in??

Those people (comp lawyers)usually work on a contingency and you can tell just how good the claim is by the number of people willing to take it on.

If he had health insurance thru the company he probably had life attached.

DOn't alienate anyone until you know the deal.

I will pray for you though.

Joe

[burythehatchet]

12. Even though the paycheck may not show

a line item deduction for some insurance benefits, that does not necessarily mean that no benefits are available. Many companies provide for fully funded term life insurance policies. Just get a hold of his last statement of benefits from their HR department. Looking at the workers compensation system for benefits is off base. Most jurisdicitions would not support your claim (based upon the few facts you've shared), although CA, MA and possibly some others would consider it.

[lynne]

13. I am sorry for your loss -

- I lost my Dad almost 6 years ago and remember helping my Mom with similar stuff. It's difficult.

Since your father died while working, I would contact his employer - or their insurance carrier if you know who it is - to file a Work Comp loss. I have no idea as to the laws in your state or to the death benefits under work comp but the act of filing the claim will just open it to review and investigation. Work Comp should apply even if away from the physical corporate office providing you are engaged in work duties.

Best wishes to you and your family as you go through this difficult time.

[OneGrassRoot]

14. Many, many thanks for your kindness and suggestions...

I've worked for myself, without insurance or any benefits, for so many years now that I forget how benefits work through companies.

It's encouraging that there may be some benefit even though a line item deduction isn't shown.

My mom is the sole beneficiary and executor of his will which certainly streamlines the process in many respects. Now it's a matter of walking through this. She has never paid a bill in her life. He took care of everything. This is one of my fears in recent years. I have my hands full working 80 hours a week and being a single mom, and I live several hours away (my mom wouldn't want to move here). That's why I always come here for advice. You are all one of my most trusted resources for everything.

I will say that I am sooooooo grateful his passing was quick and that he didn't suffer. We never saw him sick with anything other than a cold or allergies. I'm so very grateful for that. I feel for all of you who have suffered through long illnesses with loved ones.

Thank you again

[IChing]

17. You sound very strong for your family right now

We must embrace pain and burn it as fuel for our journey. ~Kenji Miyazawa



:hug: :hug:

[Ghost in the Machine]

15. I'm sorry for your loss. I have no advice.....

just a hug. :hug:

[uppityperson]

18. My condolences and no other suggestions beyond ones already offered, but...

take care of yourself. Eat, sleep, go for walks, grieve. A parent's death is not easy.

[Lint Head]

20. Sorry for your loss.

Advice is cheap but this is from my own experience.
Both of my parents have passed away. It was hard for a long time to speak of them in the past tense. You will never get over it so don't try. But, it will get better. Just let the grieving process happen. Don't hold back when you grieve it is unhealthy. You must remember one thing and that is the hardest. You have to be 'at peace' inside of your heart or he cannot be at peace.

Follow your attorney's advice. Don't let your father's company give you the run around. It is therapeutic to rap up the final business.

Peace.

[pitohui]

21. was the travel by air?

yeah, it's possible that he died of DVT which might take a day or three for the clot to hit after he finished the air travel, causing a sudden death

working on the laptop at home or not is not what would cause it, it's the travel by air that puts you at high risk

before or at the same time you even get an attorney you need to find out how the coroner is going to rule on this

if DVT is a factor it seems to mean that your dad's death was job related and should be compensated as such, my guess is most business travelers who die as a result of their work receive nothing extra for their families though

you need to talk to the experts, doctor and attorney who deal with this type of thing

[Hamlette]

22. I was a workers' comp lawyer for 10 years

there has to be some relationship between the work and the cause of death. There are cases where the family collected workers comp benefits after a heart attack where it could be shown some work factor was a "significant contributing factor" in causing the heart attack. (Some courts have found a lower standard where the employer was unable to establish a cause of death and the heart attack occurred at work. In those cases however, exertion or some other possible risk factor such as working outside in extreme heat were present.

In my state the claimant's lawyer must work on a contingency. If you lose, you owe the lawyer nothing. I think that is standard but I am not sure. If you want to PM me your state I can look it up. I have access to Lexis and it shouldn't be hard to find.

My thoughts are with you. My father died 3 years ago. Not a day goes by. . .

[OneGrassRoot]

24. Thank you, I shall do that. n/t

[OneGrassRoot]

23. Another thank you, and to answer a few questions...

He always drives when traveling for work. The cause of death was cardiac arrest. I don't know if I even mentioned that.

I did go to the company website but it's not a very detailed site, so benefits are not listed. They are a very old company, however, so I'm hoping that bodes well. I will try to find his employee benefit book.

I will consult an attorney as many of you have suggested, if it turns out there are no company-related death benefits, to follow up on any potential things to pursue. I realize it's a longshot, and I am far from litigious, but I need to make sure my mom is okay. That's the one thing my dad would want. He had one life insurance policy, but her life is going to change drastically (in addition to being without him) if that's all there is.

I lost an infant son 15 years ago, so I'm unfortunately familiar with the grieving process when it comes to immediate family. We all know every situation is different, every person is different...yet I recall realizing at that time that it's when you lose someone who is part of your daily life that the impact is so devastating. That's when you feel completely lost and don't know how to think beyond the moment. That's what my mom is feeling, which is to be expected.

This is, however, the first time I feel so completely responsible for "taking care of things" while also being heartbroken. Like I said earlier, I always come here when I have a question. I Google as much as I can, but when it comes to getting valued input, DU is my comfort zone.

Again, my heartfelt thanks.

:grouphug:

[DemReadingDU]

27. I am sorry for the loss of your father

It is an especially emotional time when the loss is so sudden. And particularly difficult for your mom who has not had to deal much with financial things. I will keep both of you in my thoughts during this sad time.

[beyurslf]

25. Follow up on the insurance. I don't have a deduction on my paystub

because my employer pays all of the premium for the life insurance.

[133724]

26. Just one comment

I am a CPA.

The 1st $50K of life insurance does not show up on an employees pay stub, it is a fringe benefit. Premiums for anything over $50K would should up on the pay stub.