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Death Resulting from a Work Injury

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If an injured worker dies as a result of his or her work accident, then benefits will go to the worker’s dependents.

There are two categories of dependents:

Presumptive Dependents

The first category of dependents, called presumptive dependents, are defined by the worker’s compensation law as any of the following:

  1. Spouse of deceased (as long as he or she does not re-marry)
  2. Unmarried children under the age of 21 who are living with the employee at time of death
  3. Unmarried children under the age of 21 who are not living with the employee at the time of death but for whom the employee has a legal support obligation
  4. Children over 21 who have never been married and are mentally or physically handicapped, or are keeping house for the employee and not otherwise gainfully employed
An award of death benefits would be equally divided among all of the deceased’s presumptive dependents.

Dependents-In-Fact

The other category of dependents, called dependents-in-fact, includes individuals related by blood or marriage who are dependent, either totally or partially, upon the deceased employee. This might include, for example, a 19-year old niece being raised and supported by an aunt that was killed on the job, or a father-in-law who was being cared for by his son-in-law who is now deceased after an on-the-job accident.

Total dependents-in-fact will be entitled to death benefits only if there are no presumptive dependents at the time of the worker’s death.

Benefits

Those that fit the definition of dependents are eligible for a total of 500 weeks of lost wages at 66 2/3% of the deceased’s average weekly wage. The employer and/or worker’s compensation insurance carrier is also obligated to pay any medical benefits and up to $7,500 for burial expenses.

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