In the context of worker's compensation, "brother" and "sister" refer to individuals who, at the time of an employee's death, are either under 18 years old or over that age and unable to support themselves. This definition includes stepbrothers, stepsisters, half-brothers, half-sisters, and adopted siblings. However, it does not encompass married brothers or married sisters.
The terms "brother" and "sister" are primarily used in worker's compensation law to determine eligibility for benefits following the death of an employee. This legal framework is essential in civil law, particularly in cases involving dependents seeking compensation. Users may find it beneficial to utilize legal templates from US Legal Forms to navigate the necessary documentation and procedures related to these claims.
Here are a couple of examples of abatement:
Example 1: A twenty-year-old stepbrother who is a full-time student and unable to work may qualify for worker's compensation benefits after the death of his stepfather, who was an employee.
Example 2: A fifteen-year-old sister living with her single mother may also be eligible for benefits following her mother's work-related death.
The definition of "brother" and "sister" in the context of worker's compensation is outlined in 5 USCS § 8101. This statute provides the legal framework for determining who qualifies as a dependent in worker's compensation claims.
Examples of state differences (not exhaustive):
| State | Variation |
|---|---|
| California | Broader definitions may include additional dependents. |
| Texas | Specific requirements for proof of dependency may apply. |
| New York | Different age thresholds for dependency may exist. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Dependent | A broader term that can include children, spouses, and other relatives who rely on the deceased for support. |
| Beneficiary | Refers to a person designated to receive benefits or assets from an estate or insurance policy, which may not necessarily be a sibling. |
If you believe you qualify as a brother or sister under the worker's compensation definition, follow these steps:
For complex situations, seeking professional legal assistance is recommended.
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| Attribute | Details |
|---|---|
| Eligibility Age | Under 18 or over 18 and incapable of self-support |
| Included Relationships | Step, half, and adopted siblings |
| Excluded Relationships | Married brothers and sisters |