QUESTION

My grandfather worked in a coal mine for 33 years. After they moved to Ohio he passed away from black lung disease. No one in the family claimed his

Asked on Jun 30th, 2016 on Workers Compensation - Ohio
More details to this question:
Nobody in the family ever claimed his pension. My mother told me that me and my sister should try to claim it. Wanted to know if that is possible.
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1 ANSWER

Personal Injury Attorney serving Cincinnati, OH
2 Awards
You indicated in your question that your grandfather died after moving to Ohio.  This suggests that he worked in another State.  If I am corect, then you need to consult with an attorney from that State.  Workers' compensation laws vary from state-to-state, and the differences are ofter significant. However, as a general rule, only a surviving spouse and minor children have rights for benefits in work related death claims. As for a "penion," the anaser again depends on the State and the exact terms of the pension contract.  I would still suspect that as grandchildren there is likely no cognizable claim.  You need to get the Plan Document to determine if you have any rights.
Answered on Jul 05th, 2016 at 10:17 AM

Answers do not constitute legal advice and do not create an attorney/client relationship. Call to discuss your particular legal needs.

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