If my dad past away on the job 11 years ago, can I still file for the benefits?

I was 15 when he passed way while at work,. He was roofing and a gust of wind blew some metal which knocked him off and he died.

Asked on July 29, 2012 under Employment Labor Law, Iowa


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can file a claim for social security benefits with respext to your father that dies when you were a minor but most likely such a claim will be time barred. Likewise, any wrongful death action would be time barred as well because you would had a set period of time to file suit under such a theory of recovery when you were eighteen years of age, for example within two years of becoming an adult.

I suggest that you consult with a personal injury attorney who does work with the Social Security Administration to further assist you in your matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.