Was your loved one killed on the job?
A state-by-state breakdown of compensation for fatal work-related accidents
Apart from certain federal government employees, nearly every worker in the United States must turn to their own state’s laws to determine whether or not they are covered by workers’ compensation. Such subtle but important differences in the laws and requirements from place to place can be confusing for individuals who were hurt on the job—and particularly for the grieving families of workers who were killed in a tragic accident or due to a fatal occupational illness.
Because of this complex maze of regulations, it’s important for injured workers and their families to accurately understand what benefits they are entitled to in their state.
If you lost a loved one in a fatal work accident or due to a deadly occupational disease, we strongly encourage you to reach out to an experienced and certified workers’ compensation attorney near you to review your rights and legal options under the law.
In the meantime, review this article to learn more about what death benefits are available where you live and what steps to take.
When is a work-related death covered?
In order for a person’s dependents to be eligible for workers’ compensation death benefits, the deceased individual’s death must be considered to be “work-related” or “occupational.” Generally, most fatal accidents that happen in the workplace are considered work-related, though not all. Likewise, deadly incidents that happen outside the workplace but in the performance of job-related duties may be eligible for death benefits.
In addition, occupational illnesses and diseases, which may be diagnosed by a person’s primary care physician, may also fall under the scope of workers’ compensation if it can be determined that the health condition is work-related.
In other words, whether or not a fatal injury actually happened in the workplace doesn’t necessarily determine if death benefits are owed.
Rather, the standard used to find out if workers’ compensation benefits are owed following a fatal incident is whether or not the injury or illness occurred in the course and scope of employment. While exactly what activities meet these criteria differ from state to state, the general definition of in the course and scope of employment is a wide-ranging list of activities and conduct that can reasonably occur when a worker is engaged in the business of his or her employer.
In fact, even if your loved one died from a work-related accident or illness that worsened a pre-existing health condition that was unrelated to their job, you may still be able to get death benefits.
Can I get death benefits if my loved one died from COVID-19?
Whether or not you can receive workers’ compensation death benefits if your loved one died after contracting COVID-19 at work is a difficult question that varies significantly depending on where you live. States are increasingly passing laws making it more difficult for infected workers to file a workers’ compensation claim by forcing them to prove that they were exposed in the workplace (and not elsewhere).
That said, if your loved one was able to secure workers’ compensation benefits for their COVID-19 sickness before they passed, then you should be eligible for death benefits just like in any other situation.
In addition, some states have made it easier for workers in certain professions to access workers’ compensation benefits for COVID-19 illness and death. For instance, first responders, healthcare workers and other frontline essential employees (and their loved ones) may find it easier to obtain compensation after contracting COVID-19 on the job.
Are you eligible for workers’ comp death benefits?
Each state has different laws on who can be compensated when a person dies due to a job-related accident, injury or illness. For this reason, it’s important to consult with a work injury attorney near you to find out if you are eligible for death benefits according to your state’s law.
Death benefits are awarded to “dependents” of the deceased, which are individuals who are typically related to the deceased by blood or marriage (though not always) and who financially relied on the deceased’s employment.
Generally, children (including adopted children and step-children) under the age of 18 are considered dependents and eligible for compensation in most states. Some states extend benefits to adult children with mental or physical disabilities, as well as children over 18 who are enrolled in college.
Most spouses are also eligible for death benefits, though benefits may be waived in some states if the surviving spouse makes over a certain income level. In some states, benefits may also be stopped if the surviving spouse gets remarried.
Parents and siblings of the deceased may only be eligible for death benefits if they can prove that they were financially dependent on the deceased worker, in most states.
What compensation is available for a work-related fatality?
While the exact amount of damages available to grieving individuals and families following the death of a loved one at work varies based on where you live, every state provides at least some death claim compensation for a deceased worker’s:
- Funeral/burial costs. Compensation for funeral and burial expenses ranges from $800 to $85,000, depending on where you live. Most states offer at least $5,000 to $10,000.
- Lost wages. To help the deceased’s dependents meet their financial obligations despite the loss of income, indemnity benefits usually provide weekly installment payments equal to two-thirds of the deceased’s average weekly wage—up to a maximum payment that changes based on inflation and is set by each state.
- Medical expenses. If your loved one received medical care before they passed due to an occupational injury or illness, then these bills should be covered by their employer’s workers’ compensation insurer.
Workers’ compensation death benefits for funeral & burial costs by state
What’s the maximum payment I can get for funeral and burial expenses?
Notably, compensation for pain and suffering (and other non-economic damages) is NOT available under most states’ workers’ compensation laws. Although the emotional and psychological damage a surviving spouse and family experience following the tragic death of their loved one is significant, unfortunately compensation for these “intangible” losses are generally not provided by workers’ compensation death benefits.
If you wish to seek compensation for pain and suffering, you would have to file a civil lawsuit against the at-fault party or individual. In such cases, you should consult with a wrongful death lawyer to discuss your rights under personal injury law.
How long do death benefits last?
Death benefits may be paid anywhere from 5 years to a lifetime, depending on your state’s laws. Massachusetts, for instance, has a 250-week cap on death benefits, whereas Ohio, Oklahoma and New Jersey (among others) have no time limit for dependency benefits.
In some states, like Kansas, Florida and Georgia (to name a few), there is no limit to the length of time benefits can be paid, but rather a monetary cap on the maximum amount of total death benefits that can be awarded.
In addition, certain factors may cause death benefits to cease depending on where you live, such as a surviving spouse remarrying or a dependent child turning 18. Alternatively, other factors can extend a dependent’s eligibility in certain states, such as if a dependent over the age of 18 is attending college.
How long do you have to file a death benefits claim?
Each state has a deadline, known as the “statute of limitations,” which limits how long dependents have to file a workers’ compensation death benefits claim following a work-related fatality. This deadline ranges from 6 months to 6 years, depending on your state’s laws.
Workers’ compensation death benefits statute of limitations by state
How long do I have to file a death claim?
Workers’ compensation death benefits by state
As you can see, important information about eligibility requirements for death benefits varies significantly by state, which is why it’s vital you understand your state’s unique laws. Click on your state in the map below to find more information about your state.
Alabama workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Alabama. If there are no dependents, then benefits will be paid to the deceased person’s estate. |
| What death benefits are available and how much? | The maximum burial allowance in Alabama is $6,500. In addition, Alabama families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $865 per week as of January 1, 2019. The minimum benefit limit is $238 per week. If the deceased individual has no dependents, then their estate will be paid $7,500. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Alabama, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Alabama for up to 500 weeks, or a little over 9 and ½ years. Benefits can be stopped if the surviving spouse dies or gets remarried, and surviving children will stop receiving benefits when they turn 18 (or until all benefits are exhausted if the child is disabled). |
Alaska workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Alaska. If there are no dependents, then any other family (father, mother, grandchildren, brothers and sisters) who was dependent upon the deceased at the time of injury or death, could receive 42 percent of the spendable weekly wage of the deceased, not to exceed $20,000 in the aggregate. |
| What death benefits are available and how much? | The maximum burial allowance in Alaska is $10,000. In addition, Alaskan families can be paid up to 90-percent of the deceased worker’s spendable, after-tax, or net weekly wages, with a maximum benefit limit set at $1,211 per week as of January 1, 2019. The minimum benefit limit is $75 per week to a spouse, $25 to 1 child and $50 to children per week. A one-time $5,000 lump-sum death benefit is also offered. A $10,000 benefit is paid to the Second Injury Fund if the deceased has no qualified dependents. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Alaska, death benefits must be filed within 1 year from the date of the fatal accident or exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Alaska for up to 12 years, or around 600 weeks. In addition, benefits can be awarded in a 2-year lump sum if the surviving spouse remarries. Surviving children will stop receiving benefits when they turn 19 (23 if they are still a student). |
Arizona workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Arizona. If there is no spouse or children, but there are dependent parents or siblings, they are entitled to a percentage of the deceased worker’s average monthly wage. |
| What death benefits are available and how much? | The maximum burial allowance in Arizona is $5,000. In addition, Arizona families can be paid up to 35 percent of the average monthly wage of the deceased with an additional 31 ⅔ percent of the average monthly wage to be divided equally among them. There is no weekly minimum benefit, but the weekly maximum benefit is $729.56 as of January 1, 2019. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Arizona, death benefits must be filed within 1 year from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | There are no statutory limits for how long dependency benefits are paid out in Arizona. The benefits will stop if the surviving spouse dies or remarries (although there is a 2-year lump sum payment, then payment stops), and surviving children will stop receiving benefits when they turn 18 (22 if they are still a student). |
Arkansas workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Arkansas. If there is no spouse or children, but there are dependent parents, grandparents or siblings, they are entitled to a percentage of the deceased worker’s average monthly wage. |
| What death benefits are available and how much? | The maximum burial allowance in Arkansas is $6,000. Arkansas families can also be paid up to 50 percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $695 per week as of January 1, 2019. The minimum benefit limit is $20 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Arkansas, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Arkansas for up to 450 weeks for partial dependents, or a little over 7 years. Benefits can be stopped if the surviving spouse dies or gets remarried (2-year lump sum payout is given upon spousal remarriage), and surviving children will stop receiving benefits when they turn 18 (or 25 if the child is still a full-time student). |
California workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in California. If there are no dependents, then benefits will be paid to the deceased person’s legal heirs or personal representative. |
| What death benefits are available and how much? | The maximum burial allowance in California is $10,000. In addition, California families can be paid up to 66 percent of the deceased worker’s weekly wages, with a maximum benefit limit set at $1,251.38 per week as of January 1, 2019. The minimum benefit limit is $224 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In California, death benefits must be filed within 1 year from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in California for up to $290,000, which at the maximum weekly payout rate comes to 4.5 years. Additionally, benefits continue even if the surviving spouse dies or gets remarried up to the maximum $290,000, and surviving children will stop receiving benefits when they turn 18 (there is no limit if the child is disabled). |
Colorado workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Colorado. According to the state, if there are no dependents, workers’ comp death benefits are limited to medical, hospital and funeral expenses. Partial dependents are entitled to a portion of the deceased’s average weekly wage. |
| What death benefits are available and how much? | The maximum burial allowance in Colorado is $7,000. In addition, Colorado families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $987.84 per week as of January 1, 2019. The minimum benefit limit is $249.96 per week. Additional benefits available in Colorado include “reasonable, necessary and related” medical expenses for the deceased prior to death. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Colorado, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Colorado for an unlimited period of time. However, benefits can be stopped if the surviving spouse dies or gets remarried (2-year lump sum offered if the spouse remarries), and surviving children will stop receiving benefits when they turn 18 (or until the child is 21 if a student; benefits continue if the child is disabled). |
Connecticut workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Connecticut. If there are no dependents, then benefits will be paid to others who were dependent on the deceased worker for up to 312 weeks. |
| What death benefits are available and how much? | The maximum burial allowance in Connecticut is $4,000. In addition, Connecticut families can be paid up to 75 percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $1,256 per week as of January 1, 2019. The minimum benefit limit is the same as the TTD minimum per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Connecticut, death benefits must be filed within 2 years from the date of the fatal accident, or 3 years from the occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Connecticut indefinitely. However, benefits can be stopped if the surviving spouse dies or gets remarried, and surviving children will stop receiving benefits when they turn 18 (22 if the child is still a student; benefits will continue if the child is disabled). |
Delaware workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Delaware. If there are no dependents, then benefits will be paid to the deceased person’s surviving parents or siblings, if they were dependent upon the deceased worker for at least 50% of their support at the time of the worker’s death. |
| What death benefits are available and how much? | The maximum burial allowance in Delaware is $3,500. In addition, Delaware families can be paid the deceased worker’s average weekly wage, with a maximum benefit limit set at $713.65 per week as of January 1, 2019. The minimum benefit limit is $237.88 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Delaware, death benefits must be filed within 2 years from the date of the fatal accident, or 1 year from the time of occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Delaware for an unlimited time period. Benefits can be stopped if the surviving spouse dies or gets remarried (with a 2-year lump sum payout upon remarriage), and surviving children will stop receiving benefits when they turn 18 (25 if they are full-time students; no time limit if the child is disabled). |
District of Columbia (Washington, DC) workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in the District of Columbia. If there are no dependents, then benefits will be paid to the deceased person’s dependent relatives such as dependent parents or siblings. |
| What death benefits are available and how much? | The maximum burial allowance in the District of Columbia is $5,000. In addition, Washington, DC families can be paid up to 50 percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $1,521.74 per week as of January 1, 2019. The minimum benefit limit is $380.44 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In the District of Columbia, death benefits must be filed within 1 year from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | There is no time limit on how long surviving family members can receive death benefits in the District of Columbia. However, benefits can be stopped if the surviving spouse dies or gets remarried ( with a 2-year lump sum payout if the surviving spouse remarries), and surviving children will stop receiving benefits when they turn 18 (23 if the child is still a student; benefits can continue if the child is disabled). |
Florida workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Florida. If there are no dependents, then benefits will be paid to the deceased person’s parents or grandchildren, at a reduced rate. |
| What death benefits are available and how much? | The maximum burial allowance in Florida is $7,500. In addition, Florida spouses can be paid up to 50 percent of the deceased worker’s average weekly wage (AAW), with children receiving 16 ⅔ percent of AWW. The maximum benefit limit is $939 per week as of January 1, 2019. The minimum benefit limit is $20 per week. Spouses may also receive payment for post-secondary education student fees. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Florida, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Florida up to $150,000. Benefits can be stopped if the surviving spouse dies or gets remarried, and surviving children will stop receiving benefits when they turn 18 (22 if the child is a student or disabled). |
Georgia workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Georgia. If there are no dependents, the insurer or self-insurer shall pay the State Board of Workers’ Compensation one-half of the benefits which would have been payable to such dependents or $10,000, whichever is less. |
| What death benefits are available and how much? | The maximum burial allowance in Georgia is $7,500. In addition, Georgia families can be paid up to 66 percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $675 per week as of January 1, 2019. The minimum benefit limit is $50 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Georgia, death benefits must be filed within 1 year from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Georgia up to $270,000. However, benefits can be stopped if the surviving spouse dies or gets remarried, and surviving children will stop receiving benefits when they turn 18 (22 if the child is a student; benefits can continue if the child is disabled). |
Hawaii workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Hawaii. If there are no dependents, in certain situations, dependent parents, grandparents, grandchildren, siblings and non-dependent parents may be entitled to benefits. |
| What death benefits are available and how much? | The maximum burial allowance in Hawaii is $4,495. In addition, Hawaiian families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $899 per week as of January 1, 2019. The minimum benefit limit is $225 per week. If the deceased individual has no dependents, then 25 percent of 312 weeks, multiplied by $899, goes to the non-dependent parents. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Hawaii, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Hawaii for up to 312 weeks, or 6 years. However, benefits can be stopped if the surviving spouse dies or gets remarried (spouse can receive a 2-year lump-sum payout upon remarriage), and surviving children will stop receiving benefits when they turn 18 (22 for children who are students; benefits can continue if the child is disabled). |
Idaho workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Idaho. If there are no dependents, in certain situations, dependent parents, grandparents, grandchildren, or siblings may be entitled to benefits. |
| What death benefits are available and how much? | The maximum burial allowance in Idaho is $6,000, and the state will cover any body transportation costs. In addition, Idaho families can be paid up to 50% of the current average state wage, with a maximum benefit limit set at $432.60 per week as of January 1, 2019. The minimum benefit limit is $36.05 per week. If the deceased individual has no dependents, then their estate will be paid $7,500. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Idaho, death benefits must be filed within 1 year from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Idaho for up to 500 weeks, or a little over 9 and ½ years. Benefits can be stopped if the surviving spouse dies or gets remarried, and surviving children will stop receiving benefits when they turn 18 (23 for enrolled students; benefits can continue past 18 if the child has not received payment for 500 weeks prior to reaching 18 if the child is disabled). |
Illinois workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Illinois. If there are no dependents, dependent parents or anyone who is dependent on the deceased for at least 50 percent of their income could be entitled to death benefits. |
| What death benefits are available and how much? | The maximum burial allowance in Illinois is $8,000. In addition, Illinois families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $1,506.81 per week as of January 1, 2019. The minimum benefit limit is $565.06 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Illinois, death benefits must be filed within 3 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Illinois for up to 25 years, or once $500,000 has been paid out. Benefits can be stopped if the surviving spouse dies or gets remarried ( with a 2-year lump sum payout for remarriage), and surviving children will stop receiving benefits when they turn 18 (or until 25 of the child is still a student). |
Indiana workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Indiana. If there are no dependents, then benefits could be paid to the deceased person’s other dependents. |
| What death benefits are available and how much? | The maximum burial allowance in Indiana is $7,500. In addition, Indiana families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $780 per week as of January 1, 2019. The minimum benefit limit is $50 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Indiana, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Indiana for up to 500 weeks, or a little over 9 and ½ years. However, benefits can be stopped if the surviving spouse dies or gets remarried (upon remarriage the surviving spouse can receive 125 weeks lump-sum payment or the remainder of 500 weeks, whichever is less), and surviving children will stop receiving benefits when they turn 18 (21 if the child is a student; benefits can continue if the child is disabled). |
Iowa workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Iowa. If the deceased worker doesn’t have a dependent spouse or children, other people may qualify for the death benefits if they can show actual dependency. |
| What death benefits are available and how much? | The maximum burial allowance in Iowa is $10,587. In addition, Iowa families can be paid up to 80 percent of the deceased worker’s spendable, after-tax, or net weekly wages, with a maximum benefit limit set at $1,765 per week as of January 1, 2019. The minimum benefit limit is $308 per week, based on the average weekly wage as well as the employee’s marital status and number of entitled exemptions. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Iowa, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | There are no statutory limits for dependency benefits in Iowa. However, benefits can be stopped if the surviving spouse dies or gets remarried (with a 2-year lump sum payment if there are no children entitled to benefits), and surviving children will stop receiving benefits when they turn 18 (25 if they are a student; benefits can continue if the child is disabled). |
Kansas workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Kansas. According to Kansas law, “If the employee leaves no legal spouse or dependent children eligible for benefits under this section but leaves other dependents wholly dependent upon the employee’s earnings, such other dependents shall receive weekly compensation benefits as provided in this subsection until death, remarriage or so long as such other dependents do not receive more than 50% of their support from any other earnings or income or from any other source, except that the maximum benefits payable to all such other dependents, regardless of the number of such other dependents, shall not exceed a maximum amount of $18,500.” |
| What death benefits are available and how much? | The maximum burial allowance in Kansas is $5,000. In addition, Kansas families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $645 per week as of January 1, 2019. The minimum benefit limit is $391 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Kansas, death benefits must be filed within 1 year from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | While there is no time limit for how long death benefits can be paid in Kansas, the maximum payout is capped at $300,000. In addition, benefits can be stopped if the surviving spouse dies (benefits continue even if the surviving spouse remarries until $300,000 is reached), and surviving children will stop receiving benefits when they turn 18 (23 if the child is still a student and 23 for disabled children). |
Kentucky workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Kentucky. If there are no dependents, in certain situations, dependent parents, grandparents, grandchildren, or siblings may be entitled to benefits. |
| What death benefits are available and how much? | The maximum burial allowance in Kentucky is $85,307. In addition, surviving spouses in Kentucky can be paid up to 40 percent of the deceased worker’s average weekly wage (AAW) and children receive 15 percent AAW up to the state maximum. Kentucky defines the maximum benefit limit as “all combined cannot exceed the amount payable for total disability.” There is no minimum benefit limit. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Kentucky, death benefits must be filed within 2 years from the date of the fatal accident or 5 years from occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Kentucky for up to 500 weeks, or a little over 9 and ½ years. However, benefits can be stopped if the surviving spouse dies or gets remarried ( with a 2-year lump sum upon remarriage), and surviving children will stop receiving benefits when they turn 18 (22 if they are a student). If the child is disabled, Kentucky states “no [end] specifically identified except qualification for old age social security.” |
Louisiana workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Louisiana. If there are no dependents, then benefits will be paid to the deceased person’s dependent parents at a reduced rate. |
| What death benefits are available and how much? | The maximum burial allowance in Louisiana is $8,500. In addition, Louisiana families can be paid up to 46.25 percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $665 per week as of January 1, 2019. The minimum benefit limit is $177 per week. Additional benefits available in Louisiana include a lump-sum benefit to children over the age of majority if there is no spouse or minor dependent children, or a lump-sum benefit to a parent or parents if there is no spouse, minor dependent children or children over the age of majority. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Louisiana, death benefits must be filed within 1 year from the date of the fatal accident or 3 years from occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | There is no statutory limit for eligible dependents receiving death benefits in Louisiana. However, benefits can be stopped if the surviving spouse dies or gets remarried (with a 2-year lump-sum payout upon remarriage), and surviving children will stop receiving benefits when they turn 18 (23 if they are in school; benefits continue if the child is disabled). |
Maine workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Maine. If there are no dependents, then benefits will be paid to the deceased person’s parents. |
| What death benefits are available and how much? | The maximum burial allowance in Maine is $4,000. In addition, Maine families can be paid up to 80 percent of the worker’s spendable, after-tax or net wage if the death occurred between Jan. 1, 1993 and Dec. 31, 2012—or 66 percent of the deceased worker’s average weekly wage if the death occurred after Jan 1, 2013, with a maximum benefit limit set at $829.30 per week as of January 1, 2019. There is no weekly minimum. Additional benefits include $3,000 in incidental compensation to the employee’s estate. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Maine, death benefits must be filed within 1 year from the date of the fatal accident or 6 years from the occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Maine for up to 500 weeks, or a little over 9 and ½ years. Benefits can be stopped if the surviving spouse dies or gets remarried, and surviving children will stop receiving benefits when they turn 18 (23 if they are a student in school. If the child is disabled, benefits will continue past age 18 if there is no surviving dependent parent. |
Maryland workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Maryland. If there are no dependents, then benefits will be paid to the deceased person’s partial dependents. |
| What death benefits are available and how much? | The maximum burial allowance in Maryland is $7,000. In addition, Maryland families can expect to receive the “covered employee’s average weekly wage as a percentage of total household income,” with a maximum benefit limit set at $1,116 per week as of January 1, 2019. The minimum benefit limit is $25 per week, or the average weekly wage of the worker, whichever is less. If the deceased individual has no dependents, then their estate will be paid $7,500. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Maryland, death benefits must be filed within 1.5 years from the date of the fatal accident, or 2 years from the occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Maryland for up to 144 weeks, or on the date of what would have been the 70th birthday of the deceased employee, provided that a minimum of 5 years of death benefits has been paid. However, benefits can be stopped if the surviving spouse dies. If the spouse remarries, benefits continue for 2 years after remarriage if there are no dependent children. Surviving children will stop receiving benefits when they turn 18 (23 if they are a student in school). If the child is disabled, benefits will continue for the duration of the dependent’s disability. |
Massachusetts workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Massachusetts. If there are no dependents, then benefits will be paid to the deceased person’s other dependents. |
| What death benefits are available and how much? | The maximum burial allowance in Massachusetts is $11,067.28. Further burial costs may be covered by the state. In addition, Massachusetts families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage, plus $6 more a week for each child, with a maximum benefit limit set at $1,000 per week as of January 1, 2019. The minimum benefit limit is $110 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Massachusetts, death benefits must be filed within 4 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Massachusetts for up to 250 weeks, or a little over 4 and ½ years. Benefits can be stopped if the surviving spouse dies. Benefits do not stop, however, if the surviving spouse remarries. Surviving children will stop receiving benefits when they turn 18 (benefits stop at 18 if the child is disabled). |
Michigan workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Michigan. If there are no dependents, then only funeral expenses are covered by the state. |
| What death benefits are available and how much? | The maximum burial allowance in Michigan is $6,000. In addition, Michigan families can be paid up to 80 percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $921 per week as of January 1, 2019. The minimum benefit limit is $511.46 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Michigan, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Michigan for up to 500 weeks, or a little over 9 and ½ years. Benefits can be stopped if the surviving spouse dies or gets remarried, and surviving children will stop receiving benefits when they turn 18 (disabled children’s benefits also stop at age 18). |
Minnesota workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Minnesota. If there are no dependents, then wholly dependent parents, grandparent, grandchild, sibling, or mother/father-in-law may receive some amount of benefits. |
| What death benefits are available and how much? | The maximum burial allowance in Minnesota is $15,000. In addition, Minnesota families can be paid up to 60 percent of the deceased worker’s daily wage, with a maximum benefit limit set at 102 percent of the State Average Weekly Wage (SAWW) for the preceding year as of January 1, 2019. There is no minimum benefit. If the deceased individual has no dependents, then their estate will be paid $60,000. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Minnesota, death benefits must be filed within 6 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Minnesota for up to 10 years, or up to 10 years after the last child is no longer dependent. The minimum amount payable is $60,000. However, benefits can be stopped if the surviving spouse dies, but they do not stop if the spouse gets remarried. Surviving children will stop receiving benefits when they turn 18 (25 if they are an enrolled student; benefits can continue if the child is disabled). |
Mississippi workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Mississippi. If there are no dependents, other relatives may be able to receive compensation, at a reduced rate. |
| What death benefits are available and how much? | The maximum burial allowance in Mississippi is $5,000. In addition, Mississippi families can be paid up to 35 percent of the deceased worker’s average weekly wage, and the child gets 10 percent, with a maximum benefit limit set at $494.48 per week as of January 1, 2019. The minimum benefit limit is $25 per week. An added benefit in Mississippi is that the spouse receives an immediate payment of $1,000 upon their partner’s death. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Mississippi, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Mississippi for up to 450 weeks, or a little over 8 and ½ years. Benefits can be stopped if the surviving spouse dies or gets remarried, and surviving children will stop receiving benefits when they turn 18 (23 if the child is enrolled in school; disabled children are subject to the same 450-week limit). |
Missouri workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Missouri. According to Missouri law, “in all other cases, questions of the degree of dependency shall be determined in accordance with the facts at the time of the injury, and in such other cases if there is more than one person wholly dependent, the death benefit shall be divided equally among them.” |
| What death benefits are available and how much? | The maximum burial allowance in Missouri is $5,000. In addition, Missouri families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage (so long as there is one “total dependent” such as a spouse or minor child), with a maximum benefit limit set at $947.64 per week as of January 1, 2019. The minimum benefit limit is $40 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Missouri, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Missouri for the lifetime of the surviving spouse or until remarriage (at which time there is a 2-year lump-sum payout upon remarriage). In addition, surviving children will stop receiving benefits when they turn 18 (22 for children who are students) If a surviving child has disabilities, benefits can continue for the duration of their life. |
Montana workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Montana. If there are no dependents, then dependent parents are eligible to receive death benefits. |
| What death benefits are available and how much? | The maximum burial allowance in Montana is $4,000. In addition, Montana families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at 100 percent of the State Average Weekly Wage per week. As of January 1, 2019, the minimum benefit limit is 50 percent of the SAWW per week. For dependent parents or a dependent brother or sister, if no other dependents exist, up to $3,000 must be paid to the dependents’ surviving parent(s). |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Montana, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Montana for up to 500 weeks, or a little over 9 and ½ years. Benefits can be stopped if the surviving spouse dies or gets remarried, and surviving children will stop receiving benefits when they turn 18 (22 if the child is in school). The exception is that benefits can continue for life if the child is disabled. |
Nebraska workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Nebraska. If there are no dependents, then benefits may be paid to the deceased’s parents. |
| What death benefits are available and how much? | The maximum burial allowance in Nebraska is $10,000. In addition, Nebraskan families can be paid up to 75 percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $855 per week as of January 1, 2019. The minimum benefit limit is $49 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Nebraska, death benefits must be filed within 1 year from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Nebraska for up to 500 weeks, or a little over 9 and ½ years. Benefits can be stopped if the surviving spouse dies or gets remarried (with a 2-year lump-sum payout upon remarriage), and surviving children will stop receiving benefits when they turn 19 (25 for children in school). Benefits can continue for disabled children. |
Nevada workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Nevada. If there are no dependents, then benefits could be awarded to the deceased’s dependent parents or minor siblings. |
| What death benefits are available and how much? | The maximum burial allowance in Nevada is $10,000. In addition, Nevada families can be paid the state’s average weekly wage—50 percent for a spouse and 50 percent for a child, with a maximum benefit limit set at $831.88 per week as of January 1, 2016. There is no set minimum benefit. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Nevada, death benefits must be filed within 1 year from the date of the fatal accident or from knowledge of employment-related injury that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Nevada for an unlimited amount of time. However, benefits can be stopped if the surviving spouse dies or gets remarried, and surviving children will stop receiving benefits when they turn 18 (22 if they are a student). Benefits for disabled children also stop at 18 unless they are incapable of supporting themselves. |
New Hampshire workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in New Hampshire. If there are no primary dependents, then other relatives who can show they are dependent on the deceased worker may qualify for some amount of benefit. |
| What death benefits are available and how much? | The maximum burial allowance in New Hampshire is $10,000. In addition, New Hampshire families can be paid up to 150 percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $1,582.50 per week as of January 1, 2019. The minimum benefit limit is $316.50 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In New Hampshire, death benefits must be filed within 2 years from the date of the fatal accident, or 3 years from the occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in New Hampshire with no time limit in place. However, benefits can be stopped if the surviving spouse dies or gets remarried, and surviving children will stop receiving benefits when they turn 18 (25 if they are in school). Benefits will continue for disabled children as long as their incapacity continues. |
New Jersey workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in New Jersey. If there are no dependents, parents, grandparents, grandchildren or siblings of the deceased who can prove dependency may be entitled to benefits. |
| What death benefits are available and how much? | The maximum burial allowance in New Jersey is $3,500. In addition, New Jersey families can be paid up to 70 percent of the deceased worker’s wage, with a maximum benefit limit set at $921 per week as of January 1, 2019. The minimum benefit limit is $246 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In New Jersey, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in New Jersey for the surviving spouse’s lifetime. However, benefits can be stopped if the surviving spouse gets remarried (with payment of 450 weeks, minus the amount already paid in case of remarriage), and surviving children will stop receiving benefits when they turn 18 (23 if they are a student). Disabled children can continue to receive benefits. |
New Mexico workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in New Mexico. If there are no dependents, then dependent parents, siblings or grandchildren may be eligible for compensation. |
| What death benefits are available and how much? | The maximum burial allowance in New Mexico is $7,500. In addition, New Mexico families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage, with a maximum and minimum benefit limit defined in Statute 52-1-46. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In New Mexico, death benefits must be filed within 1 year from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in New Mexico for up to 700 weeks, or a little under 13 and ½ years, at the top rate of 100 percent of the state average weekly wage. Benefits can be stopped if the surviving spouse dies or gets remarried (with a 2-year lump sum upon remarriage), and surviving children will stop receiving benefits when they turn 18 (23 if the child is in school). Benefits for disabled children can continue if they are incapable of self-support. |
New York workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in New York. If there are no dependents, then a payment of $50,000 may be issued to the surviving parents. |
| What death benefits are available and how much? | The maximum burial allowance in New York is $10,500 to $12,500, depending on the county. In addition, New York spouses can be paid up to 36 ⅔ percent of the deceased worker’s average weekly wage (AAW) and children can receive 30% of the deceased worker’s AWW, with a maximum benefit limit set at $904.74 per week as of January 1, 2019. The minimum benefit limit is $30 per week. Of note is that an offset is allowed on dependency benefits in New York, meaning that the spouse’s benefit is reduced by the spouse’s share of Social Security survivors insurance. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In New York, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in New York to surviving spouses until death or remarriage (upon remarriage, a 2-year lump sum is paid). Surviving children will stop receiving benefits when they turn 18 (23 if they are in school). Children with disabilities can receive benefits until their disability ends. |
North Carolina workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in North Carolina. If there are no dependents, then a lump sum payment may be made to “next of kin.” If there is no “next of kin,” then only the burial benefit will be paid. |
| What death benefits are available and how much? | The maximum burial allowance in North Carolina is $10,000. In addition, North Carolina families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $1,102 per week as of January 1, 2021. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In North Carolina, death benefits must be filed within 6 years from the date of the fatal accident, or 2 years from the occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in North Carolina for up to 500 weeks, or a little over 9 and ½ years. The surviving spouse can receive benefits during those 500 weeks whether they remarry or not, and upon their passing, any remaining weeks of benefits will be passed on to surviving children. Surviving children will stop receiving benefits once the 500 weeks of benefits run out or when they turn 18, whichever is longer. There is no provision for disabled children past age 18 or children who are still in school past the age of 18. |
North Dakota workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in North Dakota. If there are no dependents, then a lump-sum payment of $15,000 will be paid to any non-dependent children. If there aren’t any non-dependent children, then that same payment will be paid to the deceased’s parents. |
| What death benefits are available and how much? | The maximum burial allowance in North Dakota is $10,000. In addition, North Dakota families can be paid up to 66 ⅔ percent of the deceased worker’s pre-injury wage, as well as $15 per child per week, with a maximum benefit limit set at $1,200 per week as of January 1, 2019. The minimum benefit limit is $576 per week. Additional benefits afforded to families in North Dakota include a lump sum of $2,500 to the decedent’s spouse or guardian of the children and $800 for each dependent child. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In North Dakota, death benefits must be filed within 2 years from the date of the fatal accident, or 1 year from the occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in North Dakota until $300,000 has paid out, or until the surviving spouse dies. In addition, if the surviving spouse remarries, they are entitled to a lump sum equal to 104 weeks’ compensation. Surviving children will stop receiving benefits when they turn 18 (22 if the child is in school). Benefits can continue if the child is disabled. |
Ohio workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Ohio. If there are no dependents, then only the funeral benefit will be paid out. |
| What death benefits are available and how much? | The maximum burial allowance in Ohio is $5,500. In addition, Ohio families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage (discretionary based on circumstances; not exceeding the State Average Weekly Wage), with a maximum benefit limit set at $950 per week as of January 1, 2019. The minimum benefit limit is $475 per week. Dependents in Ohio may also receive funeral expenses up to the maximum and, depending on the circumstance, may be eligible for other compensation such as scheduled loss that “accrued” prior to the injured workers’ death. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Ohio, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits are paid out in Ohio at the state’s discretion, with no designated limit except when the surviving spouse dies or remarries (upon remarriage, a 2-year lump sum is paid). In addition, benefits can be stopped when the surviving child reaches age 19 (25 if they are in school) and benefits can continue until death for disabled children, or until the disability ends. |
Oklahoma workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Oklahoma. There is no stipulation that any benefits will be paid to anyone besides dependent spouses or children. |
| What death benefits are available and how much? | The maximum burial allowance in Oklahoma is $10,000. In addition, Oklahoma families can be paid up to 85 percent of the deceased worker’s average weekly wage, plus a statutory lump sum (70% to spouse and 15% to child), with a maximum benefit limit set at $867.71 per week as of January 1, 2019. There is no minimum benefit. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Oklahoma, death benefits must be filed within 2 years from the date of the fatal accident, or 1 or 2 years for occupational exposure that led to your loved one’s death, depending on the type. |
| How long do death benefits last? | There is no limit to how long someone can receive death benefits in Oklahoma, except if a surviving spouse dies or remarries (with a 2-year lump sum payout for remarriage). In addition, surviving children will stop receiving benefits when they turn 18 (23 if they are in school). There is no age limit if the child is disabled; weekly income benefits continue as long as the child is physically or mentally incapable of self-support. |
Oregon workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Oregon. If there are no dependents, then only burial expenses are paid out. |
| What death benefits are available and how much? | The maximum burial allowance in Oregon is $20,141. In addition, Oregon families can be paid each month up to 4.35 times 66 ⅔ percent of the state’s average weekly wage (AAW), plus 4.35 times 25 percent of the state AWW for 1 child, with a maximum benefit limit set at $438.07 per week as of January 1, 2019. There is no minimum benefit. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Oregon, death benefits must be filed within 1 year from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | There is no time limit on how long a surviving spouse can receive death benefits in Oregon, but upon the spouse’s death or remarriage, the benefits do stop. There is a 3-year lump sum payout if a surviving spouse remarries. In addition, benefits can be stopped when surviving children turn 19 (26 if they are in school). Benefits can continue for life if the surviving child has a disability. |
Pennsylvania workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Pennsylvania. If there are no dependents, parents or siblings who are dependent on the deceased may receive compensation. |
| What death benefits are available and how much? | The maximum burial allowance in Pennsylvania is $7,000. In addition, Pennsylvanian families can be paid up to 60 percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $1,049 per week as of January 1, 2019. There is no minimum benefit. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Pennsylvania, death benefits must be filed within 3 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | There is no time limit on how long a surviving spouse can receive death benefits in Pennsylvania. But upon the spouse’s death or remarriage, the benefits will stop. There is a 2-year lump sum payout if a surviving spouse remarries. In addition, benefits can be stopped when surviving children turn 18 (23 if they are in school). Benefits can continue for disabled children for the duration of the disability. |
Rhode Island workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Rhode Island. If there are no dependents, then no benefits besides burial costs are available. |
| What death benefits are available and how much? | The maximum burial allowance in Rhode Island is $20,000. In addition, Rhode Island surviving spouses can receive a weekly rate for total incapacity of the deceased worker and $40 per week for each dependent child, with a maximum benefit limit set at $1,253 per week as of January 1, 2019. There is no minimum benefit. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Rhode Island, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | There is no time limit on how long a surviving spouse can receive death benefits in Rhode Island. However, upon the spouse’s death or remarriage, the benefits stop. If the surviving spouse remarries, benefit payments go to the remaining dependents. In addition, benefits can be stopped when surviving children turn 18 (23 if they are in school). Benefits can continue for life if the surviving child has a disability. |
South Carolina workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in South Carolina. If there are no dependents, then benefits will be paid to non-dependent children or parents. |
| What death benefits are available and how much? | The maximum burial allowance in South Carolina is $2,500. In addition, South Carolina surviving spouses can receive 50 percent of the state’s average weekly wage, with dependent children dividing the remaining 50 percent equally. The maximum benefit limit is set at $845.74 per week as of January 1, 2019. The minimum benefit limit is $75 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In South Carolina, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in South Carolina for up to 500 weeks, or a little over 9 and ½ years. Benefits can be stopped if the surviving spouse dies, but not if the surviving spouse remarries (benefits continue for the remaining time left). Dependent children’s benefits vest upon the parent’s death. If a child is under 19 or disabled, once vested he or she is entitled to benefits until the statutory limit is paid. If over the age of 19 but a student, he or she can receive benefits until age 23. |
South Dakota workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in South Dakota. If there are no dependents, then South Dakota will pay the burial expenses only. |
| What death benefits are available and how much? | The maximum burial allowance in South Dakota is $10,000. In addition, South Dakota families can be paid up to 66 ⅔ percent of the deceased worker’s pre-injury wage, with a maximum benefit limit set at $805 per week as of January 1, 2019. The minimum benefit limit is $403 per week. Dependent children can also receive $50 per month until age 18 and up to $2,000 a year for up to 5 years for college expenses at a post-secondary school in South Dakota. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In South Dakota, death benefits must be filed within 2 years from the date of the fatal accident or disability that led to your loved one’s death. |
| How long do death benefits last? | There is no time limit on how long a surviving spouse can receive death benefits in South Dakota. But upon the spouse’s death or remarriage, the benefits stop. There is a 2-year lump sum payout if a surviving spouse remarries. In addition, benefits can be stopped when surviving children turn 18 (22 if they are in school). Benefits can continue for disabled children for life. |
Tennessee workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Tennessee. If there are no dependents, then $20,000 will be paid to the deceased person’s estate. |
| What death benefits are available and how much? | The maximum burial allowance in Tennessee is $10,000. In addition, Tennessee families can be paid up to $418,050 (450 multiplied by the state’s average weekly wage) with a maximum benefit limit set at $929 per week as of January 1, 2019. The minimum benefit limit is $139.35 per week. Additional benefits offered by the state of Tennessee include $20,000 paid to the deceased’s estate if they have no dependents, excluding burial expenses. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Tennessee, death benefits must be filed within 1 year from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | There is no time limit on how long a surviving spouse can receive death benefits in Tennessee, just until the $418,050 cap is reached. Benefits also stop upon the surviving spouse’s death or remarriage. In addition, benefits can be stopped when surviving children turn 18 (22 if they are in school). Benefits can continue for disabled children beyond 18, but must not exceed the maximum total benefit listed above. |
Texas workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Texas. If there are no dependents, according to Texas law: “Non-dependent parents may qualify as eligible beneficiaries if there is no eligible surviving spouse, child or grandchild, and there are no surviving dependents who are parents, siblings, or grandparents of the deceased. Those benefits are limited to 104 weeks.” |
| What death benefits are available and how much? | The maximum burial allowance in Texas is $10,000. In addition, Texas families can be paid up to 100 percent of the State Average Weekly Wage, split 50-50 between the surviving spouse and any children, with a maximum benefit limit set at $938 per week as of January 1, 2019. There is no minimum benefit. No additional benefits are available. If dependency benefits are not paid for 364 weeks, any remainder is to be paid to the Texas Workers’ Compensation Subsequent Injury Fund. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Texas, death benefits must be filed within 1 year from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Surviving spouses in Texas are able to collect benefits for a minimum of 364 weeks, but upon the spouse’s death or remarriage, the benefits stop. There is a 2-year lump sum payout if a surviving spouse remarries. In addition, benefits can be stopped when surviving children turn 18 (25 if they are in school). Benefits can continue for disabled children for the duration of the disability or until their death. |
Utah workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Utah. If there are no dependents, a wholly dependent person in a dependent condition may receive benefits. |
| What death benefits are available and how much? | The maximum burial and funeral allowance in Utah is $9,000. In addition, Utah families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage, not to exceed 85 percent of the State Average Weekly Wage (apportioned equally among all dependents) with a maximum benefit limit set at $747 per week as of January 1, 2019. The minimum benefit limit is $45 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Utah, death benefits must be filed within 1 year from the date of the fatal accident, or 12 years from occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Utah for up to 312 weeks but can be extended when the beneficiary remains wholly dependent. Benefits can be stopped if the surviving spouse dies or gets remarried (up to 1 year of benefits can still be paid out), and surviving children will stop receiving benefits when they turn 18. Benefits can continue as long as any disabled children are dependent. |
Vermont workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Vermont. If there are no dependents, only the burial and funeral expenses are paid out. |
| What death benefits are available and how much? | The maximum burial allowance in Vermont is $10,000. In addition, Vermont families can be paid up to 71 ⅔ percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $1,311 per week as of January 1, 2019. The minimum benefit limit is $437 per week. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Vermont, death benefits must be filed within 3 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | While there is no statutory limit to how long death benefits can be paid in Vermont, after a minimum of 330 weeks, spousal benefits end at age 62 for the surviving spouse when they become eligible for Social Security. The benefits also stop with remarriage or death of the remaining spouse (upon remarriage, the spouse may be paid a balance of 330 weeks of benefits). In addition, surviving children will stop receiving benefits when they turn 18 (there is no age limit while enrolled in approved educational or vocational training institutions), and benefits can continue for disabled children. |
Virginia workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Virginia. If there are no dependents, then benefits will be paid to the deceased person’s destitute parents. |
| What death benefits are available and how much? | The maximum burial allowance in Virginia is $10,000. In addition, Virginia families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $1,082 per week as of January 1, 2019. The minimum benefit limit is $270.50 per week. Another benefit available to families of the deceased in Virginia includes reasonable transportation expenses for the deceased, not to exceed $1,000. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Virginia, death benefits must be filed within 2 years from the date of the fatal accident, or 5 years from occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Virginia for up to 500 weeks, or a little over 9 and ½ years. Benefits can be stopped if the surviving spouse dies, but not if the spouse gets remarried. Surviving children will stop receiving benefits when they turn 18 (23 if they are enrolled in school). Benefits can continue for disabled children. |
Washington workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Washington. If there are no dependents, then benefits will be paid to qualified dependents that were dependent on the worker’s earnings, such as parents, grandparents, grandchildren, siblings or nieces and nephews. |
| What death benefits are available and how much? | The maximum burial allowance in Washington is $10,315. In addition, Washington families can be paid up to 62 percent of the deceased worker’s wage on the date of injury, with a maximum benefit limit set at $1,433.15 per week as of January 1, 2019. The minimum benefit limit is 15% of the state average monthly wage, plus $10.00 per week for the spouse and $10.00 per week for each dependent child for up to 5 children. Washington State also offers an immediate payment equal to 100% of the State Average Monthly Wage based on the date of injury. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Washington, death benefits must be filed within 1 year from the date of the fatal accident, or 2 years from occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | There is no time limit on how long a surviving spouse can receive death benefits in Washington, but upon the spouse’s death or remarriage, the benefits stop. There is a 2-year lump sum payout if a surviving spouse remarries (3-year lump sum if the deceased worker was a law enforcement officer or firefighter). In addition, benefits can be stopped when surviving children turn 18 (23 if they are in school). Benefits can continue for disabled children, possibly for life. |
West Virginia workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in West Virginia. If there are no dependents, then benefits are only issued to pay for medical and funeral expenses. |
| What death benefits are available and how much? | The maximum burial allowance in West Virginia is $7,000. In addition, West Virginia families can be paid up to 66 ⅔ percent of the deceased worker’s average weekly wage, with a maximum benefit limit set at $823.14 per week as of January 1, 2019. The minimum benefit limit is the federal minimum wage. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In West Virginia, death benefits must be filed within 1 year from the date of the fatal accident, or 3 years from occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | West Virginia death benefits are available to the surviving spouse and children on a yearly basis. Benefits can be stopped if the surviving spouse dies or gets remarried, and surviving children will stop receiving benefits when they turn 18 (25 if they are still in school). Benefits can continue for life for disabled children. |
Wisconsin workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Wisconsin. If there are no dependents, then benefits may be paid to family members who were dependent on the deceased such as parents or siblings. |
| What death benefits are available and how much? | The maximum burial allowance in Wisconsin is $10,000. In addition, Wisconsin families can be paid up to “four multiplied by the annual wage, up to a maximum of $304,800,” with a maximum benefit limit set at $1,016 per week as of January 1, 2019. There is no weekly minimum benefit. A further benefit available in Wisconsin includes a special lump-sum payment equal to 75 percent of the primary death benefit (but not less than $50,000) if the deceased employee is a law enforcement officer, correctional officer, firefighter, rescue squad member, diving team member, national or state guard member or emergency management personnel. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Wisconsin, death benefits must be filed within 2 years from the date of the fatal accident or occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits are paid out in Wisconsin until the $304,800 limit is reached. However, benefits can be stopped early if the surviving spouse dies or gets remarried, and surviving children will stop receiving benefits when they turn 18. Payments can continue beyond a disabled child’s 18th birthday, but cannot continue for more than a total of 15 years. |
Wyoming workers’ compensation death benefits
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits in Wyoming. If there are no dependents, then benefits will be paid to cover funeral and medical expenses only. |
| What death benefits are available and how much? | The maximum burial allowance in Wyoming is $10,000. If the actual monthly earnings are less than 73 percent of the State Average Monthly Wage (SAMW), then 92 percent of the actual wage will be the monthly payment. If the actual monthly earnings are less than 73 percent of the SAMW, then the monthly payment would be two-thirds of the SAMW. If the actual monthly earnings are greater than the SAMW, then the monthly payment would be two-thirds of the actual monthly wage. Spouse benefits pay for up to 100 months, and children’s benefits are calculated on the months until the child reaches the age of majority. Surviving spouses in Wyoming can also apply for workers’ compensation based upon need and receive an additional 12 months’ award not to exceed one-third of the SAMW. This payment is renewable until the spouse dies or remarries. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In Wyoming, death benefits must be filed within 1 year from the date of the fatal accident, or 3 years from occupational exposure that led to your loved one’s death. |
| How long do death benefits last? | Death benefits can be paid in Wyoming for up to 400 weeks, or a little over 7 and ½ years. Benefits can be stopped if the surviving spouse dies or gets remarried, and surviving children will stop receiving benefits when they turn 21 (25 if the child is a student). Benefits can continue for disabled children. |
Workers’ compensation death benefits for federal employees
When a person works for the federal government, then compensation for a work-related injury or fatality doesn’t fall under their state’s workers’ compensation system but rather the domain of the Federal Employees Compensation Act. FECA is administered by the U.S. Department of Labor, Office of Workers Compensation Programs (OWCP), and the Act applies to all full-time and part-time civilian employees of the federal government—or the families of federal employees who are killed on the job.
| Who is eligible for death benefits? | When a federal government employee is killed on the job, their surviving spouse and children are eligible for death benefits under FECA. |
| What death benefits are available and how much? | The maximum burial allowance through FECA is $800. The surviving spouse receives 45 percent of the federal employee’s monthly pay, and the surviving child receives 15 percent. In addition, a $200 administrative fee may be paid to the deceased’s estate, along with a “death gratuity” payment of up to $100,000 to the families of an Armed Service member who was killed in the line of duty during an “contingency operation.” |
| When you must file a death benefits claim? (What is the statute of limitations?) | In most FECA claims, death benefits must be filed within 3 years from the date of death. |
| How long do death benefits last? | There is no statutory limit on dependency death benefits through FECA. However, the surviving spouse’s benefits will be stopped upon their death or if they get remarried before the age of 55. Upon remarriage, the spouse will get a 2-year lump sum payment. Surviving children will stop receiving death benefits when they turn 18 (or 23 if they are a student). Benefits can continue indefinitely if the surviving child is disabled. |
Workers’ compensation death benefits for dockworkers and longshoremen
In YEAR, Congress passed the Longshore and Harbor Workers’ Compensation Act (LHWCA) in order to provide financial compensation, medical care and other benefits to injured and disabled employes in traditional maritime occupations such as longshore workers, ship-repairers, shipbuilders or ship-breakers, and harbor construction workers.
In addition, non-maritime employees may also be covered under the LHWCA if they perform their work on navigable water and their injuries occur there.
In short:
Any injuries that occur on the navigable waters of the United States or in the adjoining areas, including piers, docks, terminals, wharves, and those areas used in loading and unloading vessels generally fall under the jurisdiction of the federal Longshore Program—NOT the state’s workers’ compensation system.
The LHWCA also has several extensions that bring other types of employment under the umbrella of the Longshore Program. The following extensions basically mean that individuals and families in these other programs are entitled to the same benefits as longshore workers and their death claims are handled the same way:
- Defense Base Act (DBA). This program applies individuals who are injured or killed while performing the following employment activities:
- Working for private employers on U.S. military bases or on any lands used by the U.S. for military purposes (including those in American territories and possessions);
- Working on public contracts with any federal government agency (including construction and service contracts pertaining to national defense);
- Working on contracts that are approved and funded by the federal government under the Foreign Assistance Act; and
- Working for U.S. employers providing welfare or similar service outside the country for the benefit of the Armed Services (for example, USO).
- Outer Continental Shelf Lands Act (OCSLA). This act covers employees who are injured or killed while working on the Outer Continental Shelf of the United States in the exploration and development of natural resources (for example, off-shore oil drilling rigs).
- Non-Appropriated Fund Instrumentalities Act (NAFIA). This program covers civilians who are injured or killed while working as non-appropriated fund instrumentalities of the Armed Forces (for example, on military base exchanges, recreational facilities or engaged in boosting soldier morale and welfare).
| Who is eligible for death benefits? | A deceased worker’s spouse and children are eligible for death benefits under the Longshore Program. If the deceased employee has no dependents, then $5,000 is paid into the Special Fund. |
| What death benefits are available and how much? | The maximum burial allowance under the Longshore Program is $3,000. Eligible dependents can receive two-thirds (nearly 67 percent) of the deceased worker’s average weekly wage—up to a set weekly maximum amount of $1,510.76 per week. The minimum weekly rate is $377.69. Surviving spouses will receive half of the deceased’s average weekly wage, and an additional payment equal to one-sixth of the deceased’s average weekly wage is paid to a surviving child or children. |
| When you must file a death benefits claim? (What is the statute of limitations?) | In the event of an employee’s death, the eligible survivors (or their legal representatives) must file Form LS-262 (Claim for Death Benefits) with the OWCP within 1 year after the date of death. |
| How long do death benefits last? | Death benefits are paid until the death of the surviving spouse or until they get remarried—at which point they would receive a 2-year lump sum payment. The surviving child receives death benefits until they reach the age of independence—which is age 18 (or 23 if the child is a student). If the child is disabled and never reaches independents, then benefits can continue indefinitely. |
Source: Workers’ Compensation Laws as of January 1, 2019. Karen Rothkin. April 2019. WC-19-22.
Have questions about workers’ compensation death benefits?
As you can see, each state has different rules and requirements regarding death benefits after a workplace fatality. In addition, within each state’s laws there are important steps that must be followed, forms to be filed and deadlines to be met. For this reason, it’s important to consult with a knowledgeable attorney near you if your loved one was killed in a workplace accident or due to an occupational illness and have questions about death benefits.
At Gerber & Holder, workers’ compensation attorneys Benjamin Gerber and Tom Holder have represented injured workers and their families in Atlanta, Athens and across Georgia for decades. With over 75 years of combined experience, Ben and Tom are trusted, nationally recognized attorneys specializing in securing justice and compensation for families and individuals stricken with grief after a fatal work accident.
I’ve seen first-hand how a work fatality can devastate an entire family—emotionally and financially. This doesn’t have to be your story. We can help you obtain the compensation you need to stay afloat and focus on what really matters. While no amount of money will ever replace the value of your loved one’s life, it can help you find some measure of justice, closure and financial security in this difficult time. Let us help you take the first step.
What makes us different is that we see every client as an individual with a unique story and important concerns. Our law firm has served our clients faithfully in every case. By doing so, we have been able to build a history of success stories by securing large workers’ compensation settlements and payouts. Most importantly, we’ve been able to change the lives of our clients, helping them recover physically, emotionally and financially.
If you recently lost a loved one who died from job-related injuries, you should know that you have legal rights under the Georgia workers’ compensation law. We can tell you what those rights are and we’ll fight aggressively on your behalf to negotiate a fair settlement—and even take your case to the highest court in the land if necessary.
