Managing Member Alan G. Brackett and Associate Ava M. Wolf are co-authors of an “Attorney Analysis” workers’ compensation column for Reuters Legal News and Westlaw Today. Their recent article, “Understanding workers’ compensation death benefits,” was published on September 27, 2024.
Understanding Workers’ Compensation Death Benefits
Some workplace accidents result in the death of a worker and, while it may be little consolation to the worker’s family, the survivors may be entitled to death and funeral benefits under the applicable state or federal workers’ compensation law that covers that worker. If the worker has medical costs associated with the accident or is disabled for a period prior to death, the injured worker is entitled to temporary total disability benefits and all medical costs for the period between the accident and death. After death, a new claim accrues in favor of the survivors for death and funeral benefits.
The two are completely separate claims. As with all workers’ compensation claims, death benefits do not necessarily continue indefinitely. Each state or when applicable, federal jurisdiction determines how long the decedent worker’s family will receive death benefits.
Funeral or burial expenses are typically paid in a lump sum. Like death benefits, the amount of funeral and burial expenses varies depending on the jurisdiction. The amount due can vary dramatically depending on which state’s laws apply. In many states, funeral and burial expenses are capped at a few thousand dollars, whereas in Kentucky, funeral and burial expenses can range up to $85,307. Under the federal Longshore and Harbor Workers’ Compensation Act, funeral benefits have been set at $3,000 since the Act was amended in 1984.
Who is Entitled to Death Benefits?
In most jurisdictions, only the surviving spouse and minor children are entitled to death benefits. However, in California, an individual may be eligible for death benefits if they were totally or partially dependent on the decedent worker for financial support at the time of the accident and they were either a member of the decedent worker’s household or the decedent worker’s close relative.
Accordingly, California does not limit death benefits to only the surviving spouse and minor children, but allows grandparents, grandchildren, parents, siblings, aunts and uncles, and nieces and nephews the right to seek death benefits as well if they meet the dependency requirement.
Capping Death Benefits at the State Level
Like indemnity benefits, death benefits are not typically indefinite. Each state has its own regulations as to how and how long a decedent worker’s family will receive death benefits. Some states have capped the amount of death benefits that can be received, while other states allow a surviving spouse to receive death benefits until the spouse dies or remarries.
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