Workers' Compensation Death Benefits

Workers' Compensation Death Benefits

In 2022, there were around 5,500 worker fatalities reported in the United States, according to the U.S. Department of Labor.

Workers’ compensation death benefits are a crucial means of support for spouses and families who’ve tragically lost a loved one in a work-related incident.

Understanding how these benefits work can help provide peace of mind in such difficult times.

Below, we’ll take a look at some of the common details of workers’ compensation death benefits, including eligibility criteria, the process of filing a claim, the types of benefits available, and other important considerations.

It’s important to understand that laws and regulations concerning these benefits will vary by state and sometimes by type of employer.  The Federal Employees’ Compensation Act (FECA), for example, provides compensation benefits to dependents of federal civilian employees who die from a work-related injury or disease.

Given the often-complex maze of regulations surrounding these benefits, a qualified workers’ compensation lawyer may be necessary to assist in specific cases or when certain issues exist.

What Are Workers’ Comp Death Benefits?

Workers’ compensation death benefits are also referred to as “survivor benefits,” according to the New York State Workers’ Compensation Board. These benefits comprise money provided to the dependents and beneficiaries of a worker who dies due to a work-related injury or illness.

Typically, these death benefits are equal to two-thirds of the deceased employee’s average weekly wage for the 52 weeks before the injury, but that percentage can vary by jurisdiction. Some states may pay a one-time lump sum instead of monthly or bi-weekly installments.

The maximum payment amount is usually set by the state and adjusted for inflation.

These benefits are meant to replace the household income lost due to the worker’s death and to support their dependents.

Eligibility Criteria for These Death Benefits From Workers’ Compensation

Typically, to be eligible to receive death benefits, certain factors need to be met, including:

  • Work-Related Cause: The worker’s death must have occurred as a result of a work-related injury or illness. This could include accidents on the job site, occupational diseases like mesothelioma, or injuries that occurred during work-related travel or other work activities.
  • Dependent Status: The worker’s dependents are usually eligible for benefits. Dependents usually include spouses, children, and sometimes other members of the family who had relied on the deceased worker’s income.
  • Notification and Filing: Notification of death and filing of a claim with the workers’ compensation board or insurer is critical and typically must be done within a specified time frame to ensure that the claim is processed promptly and accurately.

Filing a Death Benefits Workers’ Comp Claim

Filing a claim for workers’ compensation death benefits usually involves the following steps:

  1. Notification: You, as the deceased worker’s surviving loved ones, must notify their employer or workers’ compensation insurer about the death as soon as possible and request a claim form and list of required documents when doing so. This initiates the claims process and determines a start date for potential benefits.
  2. Documentation: You and your family members will need to gather all necessary documentation, including death certificates, medical reports detailing the cause of death, employee ID information, and any other relevant documents that the workers’ compensation board or insurer requires.
  3. Submission: It’s necessary to complete and submit all claim forms provided by the workers’ compensation board and/or insurer. Include copies of any documentation needed to support the claim.
  4. Review and Decision: The workers’ compensation board or insurer will review the claim, verify the documentation and the cause of death, and determine eligibility for benefits.

Types of Workers’ Compensation Death Benefits

Workers’ compensation death benefits will typically include several types of financial support:

  • Income Replacement
  • Funeral Expenses
  • Dependency Benefits

How Benefits Can Vary by State

Workers’ compensation death benefits can vary significantly by jurisdiction in terms of eligibility, allotted benefits, documentation required, and the claim filing process, which is why it’s imperative to check with your respective state workers’ compensation board or a local workplace injury and illness attorney to understand specific rights you have.

For example, in New York, the benefit amount is equal to 2/3 of the worker’s average weekly wage for the year preceding their death, while in Oregon, the spouse and any dependents of the deceased each receives set compensation as determined by the state. In Massachusetts, families can receive death benefits even if the workers were paid in cash “under the table” or were non-US citizens per the state’s Department of Industrial Accidents (DIA).

The reason for these differences is that workers’ compensation is regulated at the state level, not federal, and this results in unique rules and regulations for each. Understanding the specifics of the state that the worker was employed and died in is key to ensuring that dependents apply for and receive the benefits they’re entitled to.

Some additional examples of how the handling of workers’ comp death benefits varies by jurisdiction include:

Dependents

States differ in defining who qualifies as a dependent. Most states include spouses and minor children, while others extend eligibility to parents, siblings, or other relatives (as long as they were financially dependent on the deceased worker.)

Also, the burden of proving dependency varies by state as well. Some will require extensive documentation, while others adopt more lenient rules.

Some states include death benefits for adult children with disabilities or kids who are over 18 and enrolled in college.

Work-Related Cause of Death

States have different standards for establishing a causal connection between the death of the worker and their job. Most states may require proof that death was caused directly by work-related activities, while others allow for a broader range of causation.

Income Replacement

State workers’ compensation boards use different formulas to calculate what percentage of the worker’s wages will be paid to dependents as death benefits. Typically, this ranges from 50% to 70% or more of the worker’s average weekly wage for a specific period before their death.

Some states, like Georgia and Hawaii, impose caps on the maximum amount of weekly benefits or the duration of payments, which can significantly affect the total compensation received by dependents.

Duration of Benefits

There can be a difference in how long the payment of benefits lasts, as follows:

  • Fixed Periods vs. Lifetime: In some states, benefits are paid for a fixed number of weeks or until the dependent reaches a certain age. Other states offer benefits for the lifetime of the spouse or until the dependent children either reach adulthood or finish college.
  • Termination Conditions: There can be conditions for terminating benefits. Often these include things like remarriage of the surviving spouse or financial independence. These regulations also vary by state.

Funeral and Burial Coverage Limits

States tend to handle the payment of such benefits differently as follows:

  • Reimbursement: Each state has its own maximum reimbursement amount for funerals and other burial costs. These can range from a few thousand dollars to more than $10,000.
  • Additional Expenses: Some states cover additional related expenses like transportation of the body or memorial services, while others do not.

Help for Grieving Families

Workers’ compensation death benefits are a vital safety net for families and dependents who tragically lose a loved one in a work-related incident.

By understanding the eligibility requirements, filing process, what types of benefits are available, and other state-specific requirements, you can better navigate this difficult time with greater clarity and peace of mind.

Seeking guidance from workers’ compensation professionals and understanding one’s rights can help ensure that your family receives the support and resources you need during such difficult circumstances.

Death benefits through workers' compensation

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