Workers’ Compensation Death Benefits – Everything You Need to Know

If your loved one passed away due to a work injury or illness, you may qualify for a workers’ compensation death benefits claim.

This form of compensation is only available when a worker dies directly from the circumstances of their occupation. Workers’ comp death benefits seek to cover losses related to the victim’s passing, such as:

• Financial assistance to family members
• Funeral and burial expenses

The employer’s insurer at the time of the employee’s injury is responsible for payment of death benefits to dependent survivors such as spouses and children.

Read on for a complete guide on workers’ compensation death benefits, qualifications, and how to start your claim.

What Qualifies a Death as Work-Related?

For a person’s dependents to be eligible for workers’ compensation death benefits, the deceased individual’s death must be “work-related.”

• Most fatal accidents that happen in the workplace are considered work-related unless the employer can prove the employee was doing something outside the scope of their employment when the fatal accident happened.
• Deadly incidents that happen outside the workplace but in the course of job-related duties may be eligible for death benefits.
• Occupational illnesses and diseases may fall under workers’ compensation if the health condition was work-related.

The main qualification for if a death was work-related was whether the incident occurred under the course and scope of employment.

This includes activities and conduct that can reasonably occur while engaged in the business of his or her employer.

According to the U.S. Department of Labor, transportation-related accidents were the leading cause of workplace deaths in 2022, accounting for 38% of total workplace deaths. The next leading causes include falls and contact with equipment or harmful substances.

Can You Qualify for Death Benefits if a Loved One Died From COVID-19?

Whether you qualify for death benefits due to COVID-19 depends on if you can prove their exposure was directly due to their workplace. You should talk to a workers’ comp lawyer about your situation, as states are making it more difficult for workers who contracted COVID-19 to file a workers’ compensation claim.

In many cases, they have to prove they were exposed in the workplace and only through the workplace.

This is easier for first responders, nursing home staff, and healthcare workers in regular contact with the sick. Their dependents may find it easier to obtain worker’s compensation death benefits after contracting COVID-19 on the job.

However, if your loved one was able to secure workers’ compensation benefits for a COVID-19 diagnosis before they died, you should be eligible for death benefits.

Who Can Claim Workers’ Compensation Death Benefits?

Death benefits are awarded to “dependents” of the deceased. These are individuals who are typically related to the deceased and who financially relied on the deceased’s employment to survive.

Only the deceased’s dependents can receive workers’ compensation death benefits, but who those dependents are varies by state law. Examples of such dependents include:

1. Children under the age of 18 are considered dependents and eligible for compensation in most states. This includes adopted children and step-children. Some states extend benefits to adult children with mental or physical disabilities and young adults enrolled in college.
2. Most spouses are also eligible to receive workers’ compensation death benefits if their loved one died due to work injuries. Some states may restrict these benefits if the surviving spouse makes over a certain income level. Benefits may also be stopped in some states if the surviving spouse gets remarried.
3. Parents and siblings of the deceased may only be eligible for death benefits in most states if they can prove that they were financially dependent on the deceased worker.

If no eligible dependents exist to receive workers’ compensation, the death benefits often go to the victim’s estate.

How to File a Workers’ Compensation Death Claim

This process varies by state, but the first action to take is to notify your loved one’s employer. They should know you’re starting a workers’ comp claim to ensure they submit forms in a timely manner. Failure to do so may hinder or outright stop you from qualifying for compensation.

Each state has multiple forms that differ per area. The best way to organize the paperwork is through hiring a workers’ comp attorney local to your area. It’s hard to keep track of such info while grieving from your losses.

In California, for example, death benefits require a special DWC Form 10250.1 application to start a death claim. A workers’ comp form should be filed with the California Workers’ Compensation Appeals Board in your area within one year of the date of death.

In Pennsylvania, for another example, survivors should file a fatal claim petition quickly as workers’ compensation provides up to $7,000 for burial expenses for a deceased worker.

To claim death benefits after your loved one’s passing, you should inform their company within a few weeks of their death that you are filing a claim.

IMPORTANT: In most states, you have one to three years to file for death benefits. The sooner you make your claim, the sooner you can begin receiving payments.

Types of Benefits Available After a Work-Related Fatality

Every state provides at least some death claim compensation for a deceased worker’s funeral and burial costs. Payment for these expenses can go all the way up to $85,000 in Kentucky, but is generally at least $5,000 to $10,000 in most states.

To help the deceased’s dependents survive after the death of their provider, lost wages usually provide weekly installment payments to loved ones.

This is often equal to two-thirds of the deceased’s average weekly wage—capped by a maximum amount that changes based on inflation set by each state. The amount paid for lost wages may vary, equaling to be more or less than two-thirds depending on the state.

In Alaska, for example, families may receive up to 90% of the deceased worker’s spendable, after-tax, or net weekly wages. This is capped with a maximum benefit limit set at $1,211 per week.

California families can be paid up to 66% of the deceased worker’s weekly wages, with a maximum benefit limit set at $1,251.38 per week. The minimum benefit limit is $224 per week.

Finally, coverage for medical expenses is provided as part of workers’ compensation death benefits. If your loved one received medical care before they passed away, these bills will be covered by their employer’s workers’ compensation insurer. If you’re struggling to see your claim paid, talk with an attorney.

How are Workers’ Compensation Death Benefits Paid Out?

You may receive workers’ compensation death benefits through the two following methods:

• A lump-sum payment
• Recurring monthly benefits

Keep in mind that accepting death benefits bars your ability to sue for further compensation. Be sure that the settlement your loved one’s employer offers is the right amount to pay for your losses.

Lump-Sum Payment

Some states pay a one-time lump sum instead of installments for death benefits. It often represents two-thirds of the deceased employee’s wages for a certain period of time.

Even in states that pay installment benefits, you may be able to negotiate a lump-sum settlement of your death benefits if you prefer to receive them upfront.

Monthly Benefits

Death benefits are often paid in regular installments, such as weekly or monthly. The amount varies from state to state and is based on a percentage (often 66%) of what the employee used to earn before injury.

How Long Do Workers’ Compensation Death Benefits Last?

Death benefits may be capped by time or by total amount, depending on the state where you live.

Ohio, Oklahoma and New Jersey have no time limit for dependency benefits. In Kansas, Florida and Georgia, there is no limit to the length of time benefits can be paid. However, there is a maximum amount of total death benefits that can be awarded.

To find out how long these benefits last in your state, consult with a workers’ compensation attorney in your area.

Find an Attorney to Help You Through LegalASAP

There were 5,486 fatal work injuries in 2022 (3.7 fatalities per 100,000 full-time equivalent workers). That’s 99 workers’ deaths a week and more than 14 every day over an entire year. You are certainly not alone if you’ve lost a loved one due to a work accident that shouldn’t have been.

Analyzing a workers’ comp case requires the expertise of a professional who knows your state’s laws. Luckily at LegalASAP, we have an attorney network of 500+ law firms throughout the United States, ready to answer your legal questions.

Our professionals mostly work under contingency, meaning their services are paid-for through your settlement and you pay nothing up-front.

Ready to see if you may qualify? Complete your free online workers’ compensation case evaluation now!