2019 Analysis of Workers' Compensation Laws - 75

Chart VIII-Fatalities: Income Benefits for Spouses and Children, cont.

Notes
1.
Disability payments deducted in all laws except those
of Arizona, Arkansas, California, Delaware, District of
Columbia, Florida, Michigan, Minnesota, Mississippi,
Missouri, Nevada, New Jersey, New York, North
Dakota, Oklahoma, Oregon, Washington, West Virginia,
Wisconsin, Wyoming, FECA, and the Longshore Act.
2.
Alabama-Maximum 100% state AWW; minimum
27.5% state AWW, actual wage if less. In case of
remarriage, any unpaid compensation is distributed
to dependents or any suitable person, based on court
approval. Payment discharges employer from any further
liability.
3.
Alabama-$7,500 payment made to estate of
deceased worker who had no dependents.
4.
Alaska-For spouse plus one child. 100% for spouse
and two or more children.
5.
Alaska-80% of spendable income. An only child,
where there is no widow or widower, will receive 100%; if
there are two or more children and no widow or widower,
100% will be divided equally amongst the children.
6.
Alaska-Maximum and minimum set by statute.
Minimum may be less if spendable weekly wages less
than 22% of maximum compensation rate.
7.

To child age 16 in Saskatchewan (18 if student).

-To child age 18 in Arkansas (or upon marriage, to
age 25 if full-time student, or continuing if physically or
mentally disabled). In Alaska, death benefits payable to
widow or widower cease 12 years after date of death,
unless at time of death widow or widower is PTD or
reaches the age of 52 before the 12 years expire. A
child is eligible to receive death benefits until 18 years
old; or if 19 years or older and is wholly dependent
upon the deceased employee and incapable of selfsupport by reason of mental or physical disability; and
persons of any age while they are attending the first
four years of vocational school, trade school, or college;
and persons of any age while they are attending high
school, California, Colorado (age 21 if in school or until
capable of earning own living if physically or mentally
incapacitated), Florida (22 if full-time student or upon
marriage), Illinois (25 if in school), Indiana, Kentucky,
Louisiana (death or marriage), Maine (if physically or
mentally incapacitated from earning until incapacity ends
or death of child), Maryland (23 if enrolled as a full-time
student at accredited school; continuing if physically
or mentally incapable of self-support), Massachusetts
(or older if physically or mentally incapacitated from
earning), Michigan, Minnesota (25 if regularly attending
as a full-time student a high school, college or university,
or vocational or technical training. Children older than
18 when physically or mentally incapacitated from
earning), Mississippi (unless child is full-time student and
dependent, in which case to 23, or unless child is wholly
dependent and incapable of self-support by reason
of mental or physical disability), Nebraska (to age 19,
or 25 if enrolled full-time at an accredited educational
institution, or until the end of actual dependency),
Nevada (up to 22 if enrolled as a full-time student in an
accredited vocational or educational institution; if child
is incompetent, child is entitled to benefit until such
time as child becomes capable of supporting himself or
herself), New Hampshire (children continue if disabled or
until 25 if full-time student), New Jersey, New Mexico (to
age 23 if enrolled as a full-time student at an accredited
educational institution or incapable of self-support and
unmarried), New York (to age 23 if enrolled as a full-time
student at an accredited school; to any age if child is
dependent, blind, or physically disabled), North Carolina,
North Dakota (age 18, or 22 if enrolled in school),
Oklahoma (to child age 18 (or upon death or marriage),
to age 23 if full-time student or to age 23 if physically or
mentally incapable of self-support), Oregon (to age 19 or
until 26 while attending higher education), Pennsylvania
(except in the case of a dependent child dependent
due to disability; up to 23 while a full-time student),

Rhode Island (except in the case of a dependent child
physically or mentally incapacitated from earning; up
to 23 while full-time student), South Dakota (22 if fulltime student), Tennessee (22 if full-time student or upon
marriage), Utah (unless mentally handicapped), Vermont
(or incapable of self-support and unmarried, whether
or not ever actually dependent upon the deceased; or a
child while regularly enrolled in an approved educational
or vocational training institution, who was at the time
of the employee's injury or death partially or wholly
dependent on the employee, regardless of age; or a child
of any age who was mentally or physically disabled at
the time of the employee's death and partially or wholly
dependent upon employee), Virginia unless physically
or mentally impaired (23 if enrolled as a full-time student
in an accredited school), Washington (23 if permanently
enrolled full time in an accredited school; older than 18
if dependent as a result of a physical, mental, or sensory
handicap), West Virginia (25 if in school; older than 18 if
incapable of self-support by reason of mental or physical
disability for as long as the person would remain an
invalid), Wisconsin (for 15 years if disabled), FECA (23 if
in school; older than 18 if incapable of self-support by
reason of mental or physical disability), Longshore Act,
(a) Child benefit paid to age 18; (b) Student benefit paid
from ages 18-23. May be exceeded beyond age 23 until
the end of semester if currently enrolled full time; (c)
Beyond age 18 if incapable of self-support, Manitoba
(or child who is in a course of study acceptable to the
Workers Compensation Board (WCB) and he or she
is applying himself or herself to the satisfaction of the
WCB and does not have a degree or vocational training,
or if child is an invalid, until this person ceases to be
an invalid or eligible for old-age security, whichever
first occurs), Nova Scotia (to 25 if attending approved
educational facility), and Prince Edward Island (22 if a
registered, full-time student at an educational institution).
-To child under 19 (or to child any age while
dependent upon deceased employee and incapable of
self-support), or in first four years of vocational school,
trade school, college, or while attending high school),
British Columbia (25 if full-time student; spouse receives
for life), Nebraska (unless child is full-time student, in
which case to age 25, or child is actually dependent
or physically or mentally incapable of self-support),
Wyoming (21 or 25 if physically or mentally incapacitated
or if in postsecondary education), Northwest Territories
and Nunavut (unless attending school, when child
receives compensation until completion or graduation).
-To age 21, if student, in Indiana, Canadian Merchant
Seamen's Act (or else to 18), New Brunswick (inclusive
when child is attending school on a full-time basis. If
invalid, for the lifetime of the child or until the child
ceases to be invalid or dependent), and Yukon.
-To age 22 in Arizona (if full-time student),
Connecticut, Georgia (if only partially dependent, weekly
compensation shall be in same proportion as the average
amount contributed weekly by the deceased to his or
her AWW at time of injury), Hawaii, Missouri, Montana,
South Dakota, Tennessee (if full-time student and subject
to statutory maximum total benefit).
-To age 23 in D.C. (or completion of college,
whichever is first), Kansas (if in school and max not
reached, otherwise age 18), Maryland (if full-time
student at accredited institution), New Mexico, Oregon
(while attending higher education), South Carolina, and
Longshore Act.
-To age 25 in Delaware, Iowa, Ohio, Texas (if full-time
student). In Ontario (A surviving child who is between
the ages of 19 and 30 and attends school is entitled to
periodic payments if the board considers it advisable
for the child to continue in an educational program. If a
surviving child is incapable of earning wages, the child
is entitled to periodic payments until the child is able to
earn wages or until the child's death).

2019 Analysis of Workers' Compensation Laws | 75

-If invalid: for 15 years in Wisconsin, for period
dependent would have supported child in Yukon,
payment in respect of a child who is physically or
mentally incapable of earning shall continue to be
payable so long as the child remains incapable of
earning in Prince Edward Island, and no age limit in
Northwest Territories and Nunavut and Nova Scotia.
8.
To spouse for life; two-year lump sum upon
remarriage (but only if no children in Colorado, Illinois,
Indiana and Iowa) or balance of compensation if less
(Indiana, New Mexico, and South Dakota). Alaska-
spouse receives final lump-sum benefit upon remarriage.
Spousal benefit ceases 12 years after employee's death
unless widow or widower is permanently and totally
disabled or at least 52 years old at time of employee's
death. Arizona-law provides for two-year lump sum
upon remarriage of surviving spouse. Arkansas-until
spouse's death or upon remarriage. Illinois-lump sum
is paid upon remarriage only if no children, entitled to
receive the continued benefit. Louisiana-to spouse for
life or upon remarriage. Kentucky-benefits for claims
arising after 7/14/18 terminate on date the claimant
would have reached age 70; two years' lump sum if
remarries. Massachusetts-This applies to both spouse
with children and spouse only. Payments to the surviving
spouse are for a maximum of 250 weeks unless he/
she remarries or is deemed to be fully self-supporting.
There is a presumption that the surviving spouse is not
self-supporting during the first 250 weeks. The benefits
can continue beyond the 250 weeks and will continue
until he or she is remarried or has proven to be selfsupporting. New York and Ohio-two years' lump sum
upon remarriage plus immediate reapportionment among
other beneficiaries. North Dakota-Lump-sum payment
upon remarriage equal to 104 weeks' compensation.
Oklahoma-To spouse until death or remarriage; twoyear lump sum upon remarriage. Oregon-To spouse
for life; cash lump sum on remarriage: 36 times monthly
benefit. Texas-To spouse for life; two-year lump
sum upon remarriage. If spouse was married to first
responder or volunteer first responder, benefits paid to
spouse until death.
9.
Arkansas-Benefits in excess of $225,875 payable
from Death and Permanent Total Disability Trust Fund.
10.
California-If three or more total dependents.
Dependents of worker whose HIV-related death occurs
more than 240 weeks after date of initial injury also
receive death benefits.
11.

Colorado-For injuries occurring on or after 2/1/00.

Connecticut-Maximum is 100% state AWW
and minimum is $20 to 20% of maximum. Employerfunded cost-of-living increase payable each October.
Retroactive death benefits for dependents of deceased
employee who was injured on or after 1/1/74.
12.

13.
Connecticut-Spouse may not sue employer for loss
of consortium if receiving or had been receiving workers'
compensation benefits.
14.
Delaware-Maximum is 80% state AWW for
spouse and children, 662/3% state AWW for spouse only.
Minimum for spouse only is one-third of maximum.
15.
Delaware-Additional burial allowance payable on
board approval.
16.
District of Columbia-Maximum is 100% state AWW;
minimum is 25% state AWW.
17.
Florida-Maximum is 100% state AWW. Surviving
spouse entitled to tuition benefit at vocational technical
center or community college.
18.
Florida-Spouse upon remarriage: lump-sum
payment of 26 weeks at 50% of AWW, subject to $150,000
cap.
19.
Georgia-Weekly benefit increased 20%, up to
$20,000 if death of employee was direct result of injury
caused by intentional act of employer.

2019 Analysis of Workers' Compensation Laws

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