If an employee is killed in a work related accident, or dies as a result of injuries or diseases sustained from work, the employer/insurer is required to pay up to $7,500.00 in burial expenses. Dependents of the deceased employee are also entitled to the following benefits:
- If the spouse is the sole dependent of the deceased employee, the spouse is entitled to receive up to 400 weeks of weekly benefit checks in an amount the deceased employee would have received if he or she survived, but was totally disabled. In some cases the surviving spouse can receive benefits up to age 65 if it would provide more weeks of benefits. The maximum amount a spouse without dependents can receive is $125,000.00.
- If the deceased employee has dependent children at the time of death, the children are entitled to receive the weekly benefit until age eighteen or up to age 22 if enrolled and in good standing in a post secondary institution of higher education. A dependent child over eighteen may receive benefits if he or she is physically or mentally incapable of earning a living. There is no cap on the amount a dependent child can receive.
- If the deceased employee leaves a spouse and dependent children, the weekly benefit will be paid to the spouse for the children's benefit. If only dependent children remain, the children will equally divide the weekly benefit.
- Other persons who were wholly or partially dependent on the deceased employee at the time of accident, such as a parent living with the deceased employee, are also entitled to receive up to four hundred weeks of benefits if there is no surviving spouse or dependent children. If the parent or other individual is only partially dependent upon the deceased, the weekly benefit is reduced based upon the percentage of dependency. For example, if the deceased employee paid 40% of a parent's monthly expense, the parent will receive only 40% of the weekly benefit payment.
Questions
Q1. Is there a time limit to file a claim for death benefits?
Yes. The surviving spouse and/or other dependents have one year from the date of death to file a claim for benefits with the State Board if the insurer does not voluntarily commence benefits.
Q2. My spouse was disabled and received weekly disability benefits before dying as a result of the injuries. Am I entitled to receive the full 400 weeks?
No. If your spouse received weekly benefits before dying from the injuries, you must subtract the number of weeks paid to the deceased from the 400 weeks.
Q3. I am receiving a weekly benefit check because my spouse died from a work related injury. If I remarry will my benefits be affected?
If the surviving spouse receiving benefits ever remarries, or lives with someone of the opposite sex in a sexual relationship, benefits will cease.
Q4. I am under eighteen and my father died from a work related injury. I was born out of wedlock. My father was single when he died. Am I entitled to receive any benefits?
Yes. “Children” in workers' compensation law includes dependent step-children, legally adopted children, posthumous children and acknowledged children born out of wedlock.
