Workers’ Compensation — Death Benefits

Dependents of a worker who dies because of a work related injury or illness may be eligible to receive death benefits. The weekly benefits payments are 70% of the weekly wage of the deceased worker, not to exceed the maximum benefit amount established annually by the Commissioner of Labor.  The benefit amount is divided by the surviving dependents as determined by a judge after a hearing on extent of dependency.

A surviving spouse and natural children who were a part of decedent’s household at the time of death are conclusively presumed to be dependents.

A surviving spouse and natural children who were not a part of the decedent’s household at the time of death and all other alleged dependents (parents, grandparents, grandchildren, brothers, sisters, etc.) must prove actual dependency.

Children who are deemed to be dependents remain so until the age of 18 years or if a full-time student, until the age of 23 years.

If a child is physically or mentally disabled, he/she may be eligible for further benefits.

The employer or its insurance carrier is responsible to pay up to $3,500 in funeral expenses for a job-related death. These funds are payable to whomever is liable for the funeral bill, be it the estate or an individual.

Temporary Disability Rate Permanent Partial Disability Total Disability Rate Death Benefits
1997 $496 max /$132 min $496 max /$35 min $496 max /$132 min $496 max
1998 $516 max /$138 min $516 max /$35 min $516 max /$138 min $516 max
1999 $539 max /$144 min $539 max/ $35 min $539 max /$144 min $539 max
2000 $568 max /$151 min $568 max/ $35 min $568 max /$151 min $568 max
2001 $591 max /$158 min $591 max /$35 min $591 max /$158 min $591 max
2002 $629 max /$168 min $629 max /$35 min $629 max /$168 min $629 max
2003 $638 max /$170 min $638 max /$35 min $638 max /$170 min $638 max
2004 $650 max /$173 min $650 max /$35 min $650 max /$173 min $650 max
2005 $666 max /$178 min $666 max /$35 min $666 max /$178 min $666 max
2006 $691 max /$184 min $691 max /$35 min $691 max /$184 min $691 max
2007 $711 max /$190 min $711 max /$35 min $711 max /$190 min $711 max
2008 $742 max /$198 min $742 max /$35 min $742 max /$198 min $742 max
2009 $773 max /$206 min $773 max/$35 min $773 max/$206 min $773 max
2010 $794 max/$212 min $794 max/$35 min $794 max/$212 min $773 max

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