Workers’ Compensation Death Benefits

Learn about the criteria and limitations of workers’ compensation death payments if your spouse, parent, or other family member died as a result of work-related injuries or illnesses, including COVID-19.

If a family member died as a result of a work-related accident or sickness, you may be eligible to death benefits under your state’s workers’ compensation system. This page will offer you a rough sense of who is eligible for benefits, how much you could get, and how long you might receive it. However, since each state’s workers’ compensation laws varies, the specific regulations will be established by the state where you claim for benefits.

Do I Qualify for Death Benefits?

Death benefits are meant to recompense particular family members for the loss of financial assistance from the dead employee. While eligibility rules vary by state, death benefits are frequently (but not always) reserved for people who were connected to the dead employee by blood or marriage—typically spouses, children, and other close relatives—who lived with and relied on the deceased employee for living costs. Some jurisdictions provide payments to family who were only partly dependant on the dead employee.

Depending on their connection to the dead employee and state law, there are several procedures for determining who qualifies as a dependant. Children under the age of 18 are virtually always classified as dependents. The same is true for older children who have physical or mental problems that prevent them from working. Several states additionally allow children above the age of 18 (up to 21 or 25) who are engaged in relevant educational or vocational programs to be eligible.

Many states consider spouses to be dependents regardless of their own earnings. In some states, spouses may not qualify if they make more than a specific amount of money, or they may have to establish financial reliance regardless of how much they earn.

The eligibility of all other family members is generally evaluated based on the individual circumstances and evidence in each instance.

Which deaths are eligible for benefits?

To be eligible for death benefits, your loved one’s death must have been caused or contributed to by a work-related accident or illness. These benefits do not apply just when an employee dies on the job, such as in a major industrial accident. Injured employees may die months or years later, while some jurisdictions may not provide payments for fatalities that occurred too long after the initial accident. Death benefits may also be awarded if workers die as a consequence of diseases contracted as a result of working circumstances, such as exposure to hazardous substances.

Even if your loved one had additional medical concerns unrelated to work, you may still be entitled for death benefits if the work injury or occupational illness contributed to or hastened death. For example, if a job accident worsened your husband’s previous heart disease and resulted in his death, you may be entitled to collect death benefits.

Can Survivors Receive Death Benefits If a COVID-19 Employee Dies?

Whether a family member died with COVID-19 and you feel the condition was caused by job exposure, you may be wondering if you are eligible for death benefits. If your employer or its insurer accepted a workers’ compensation claim for COVID-19 while your family member was still alive, and medical evidence shows that the death was caused by the disease, you should be eligible for death benefits as long as you meet the dependency requirements discussed above. However, if the employer refused the claim (or there was insufficient time to complete the claims procedure), you would likely have a difficult time obtaining compensation, depending on where you reside and the nature of the deceased employee’s position. Several states have implemented legislation to make it easier for first responders, healthcare professionals, and other frontline workers to qualify for workers’ compensation payments if they catch COVID-19, and for their survivors to get death benefits if the employees die as a result of the illness.

How Much Death Benefits Can I Receive?

Death benefits are often given in installments. The amount of such compensation is determined by a proportion of what the employee earned before to the accident. Although the ratio varies by state, the standard weekly payout is two-thirds of the dead employee’s average weekly compensation, with maximum and minimum amounts.

Instead of periodic payments, some jurisdictions provide a one-time lump amount equal to two-thirds of the dead employee’s income for a certain length of time, such as two years. In most cases, the lump payment is also subject to a minimum and maximum amount. Even in jurisdictions where benefits are paid in installments, you may be able to negotiate a lump-sum settlement of your death benefits.

In certain states, regardless of the number of dependents, the total amount of death benefits is the same. A surviving spouse and multiple dependent children, for example, may share the same total benefit sum. In some states, however, the benefit amount grows in proportion to the number of dependents.

If you are also collecting Social Security survivors’ benefits, there may be an offset that affects your workers’ compensation death payments.

How Long Are Death Benefits Granted?

When death benefits are paid in installments, the length of such payments is limited. Surviving spouses in several states get payments until their own death or remarriage. Children are normally eligible for death benefits until they reach the age of 18, or, in certain situations, until they finish specific forms of post-secondary education or vocational training. Other states will terminate death benefits when a particular number of weeks or a certain maximum cash amount has been achieved, regardless of the age of the children or the surviving spouse’s remarriage.

What Other Benefits Are Provided by Workers’ Compensation?

Workers’ compensation covers at least a percentage of funeral costs for employees who die as a consequence of work-related injuries in all states. There is normally a cap, which may range from a few thousand dollars to more than 10 thousand dollars.

Workers’ compensation also covers the employee’s medical care prior to death. In general, you should not be obligated to pay any outstanding medical costs. The employee’s insurance company (or the state workers’ compensation agency) may, however, evaluate the invoices to determine that the treatment was required and connected to the workplace injury or sickness.

When Do I Need to File a Claim?

Filing a claim for death benefits has stringent time constraints. Many states have a one-year or two-year restriction from the date of death or the final payment of disability payments. However, your state’s laws may have different time restrictions. As a result, it’s important to file a claim as soon as possible.

Obtaining Assistance with a Death Benefits Claim

Because the workers’ compensation requirements for death payments are intricate and vary from state to state, you should consult with a workers’ compensation lawyer if you believe you may be eligible. These benefits may be a valuable source of income for surviving dependents. However, depending on your connection with the dead employee, you may need assistance in demonstrating that you depended on that person’s salary or disability benefits to make ends meet. An expert workers’ compensation attorney can explain how the rules in your state apply to your circumstances, how to file a claim for death benefits, and how to safeguard your rights throughout the process.