My father won 16,000 in a workman's comp claim and died shortly thereafter due to non-affiliated causes. His lawyers told my grandmother at that time the money should go to his child. We were not a close family and she has been looking for me since 2004. Is it too late to make a claim for the money?
You don't necessarily "win" $16k in a comp case. He may have settled a comp case for $16k. If he then died without a will after the settlement was approved by the state board of workers' comp any money left would be distributed to his heirs at law. You would need to talk to a probate attorney.
Assuming you mean that your father obtained a settlement for that amount, their is no statute of limitations on the obligation of the insurer to pay it. They only have 20 days after the settlement is approved to pay it so I would guess that it was paid. Then it would have been part of your father's estate and you would have a right to it. The first step would be to find the lawyer who represented your father and see what they know about the payment being made.
Assuming your father settled his case for $16,000 and he did not decease before the settlement was approved by the state board of workers compensation, then the money would have been received by him. If this is the case and he still had the money when he died, then your right to the money should be enforceable. You may need a probate lawyer.
Any information posted on this site by Attorney Mark Skibiel is not intended as legal advice and shall not create an attorney-client relationship. It is recommended that you consult in person with an attorney to address and discuss your legal issues.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline