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Survivor’s Benefits in a Workers’ Compensation Case

Question: Who is entitled to a survivor’s benefits in a workers’ compensation case? Answer:  If the injury or disease results in the death of the employee, full benefits are paid to the spouse and/or children.  Benefits are paid to children until age 18, or until age 25 if the child is a full-time student.  If the child is physically or mentally incapacitated, benefits are paid for the duration of the incapacity.  If there is no eligible spouse or child, the benefits will be paid to a totally dependent parent or parents.     For more information about Illinois law, visit  If you have a legal question, send it to Illinois Law Now is a series of newspaper and internet posts prepared by the Illinois State Bar Association that address legal issues of interest to the public. For additional information about the law, visit