Workers’ Compensation Death Benefits FAQs


Posted by: Chris

You may know that workers’ compensation provides benefits to employees who are injured while on-the-job, but many people don’t realize that workers’ compensation will also provide for families who have lost a loved one to a work injury. To learn more, take a look at some of the most frequently asked questions about workers’ compensation death benefits:

Who can receive death benefits?

The victim’s spouse and dependent children are entitled to workers’ compensation death benefits.

How much will be awarded to the spouse and dependent children?

The amount that the spouse and children receive will vary. If the victim did not have any dependent children at the time of his death, the spouse will receive a lump sum payment of $100,000. The spouse will also receive either 70% of the victim’s average weekly wage or 70% of the state’s average weekly wage, whichever is less.

If the victim had a spouse and children, they will receive a lump sum payment of $25,000. The spouse will still receive 70% of either type of weekly wage mentioned above. Each child will also receive 15% of the victim’s average weekly wage or 15% of the state’s average weekly wage, whichever is less.

When there are more than two dependent children, each child will receive an equal share of a $50,000 lump sum payment in addition to 30% of the victim’s average weekly wage.

If the victim’s spouse ever chooses to remarry, the insurance company will pay him or her two years of benefits in one lump sum payment.

How long will the spouse and children continue to receive these benefits?

The victim’s spouse will continue to receive weekly payments as long as he or she remains unmarried. Children will receive benefits until they get married or reach the age of 18. In some cases, children will still receive benefits even after they have turned 18. For example, if the child is enrolled in high school or physically or mentally incapable of taking care of himself, the benefits will continue. Benefits will also continue if the child is enrolled as a full-time student in an accredited institution of higher education, however once the child reaches the age of 23, the benefits will stop.

Who will cover funeral expenses?

The workers’ compensation insurance company will also cover funeral expenses. The maximum amount that will be provided to the spouse and children for funeral expenses is $10,000.

Have you lost a loved one in a work-related accident? If so, seek legal representation from our attorneys at once. Let us handle the process of filing for workers’ compensation death benefits so you can focus solely on grieving your loss. Call today at 918-582-2500, or toll free at (800) 722-8880, or contact us online to schedule a free consultation.