2019 Analysis of Workers' Compensation Laws - 76

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

Notes, cont.
20.

Actual wage if less.

To spouse for life; compensation on remarriage
Georgia-to spouse until age 65 or 400 weeks,
whichever is greater, also ceases upon cohabitation in
a meretricious relationship; if only partially dependent,
weekly compensation in same proportion as average
amount contributed weekly by deceased to AWW at
time of injury. Maine-if dependency on new spouse
is proven. Montana-benefits cease to spouse at
500 weeks or upon remarriage but continue to any
beneficiaries. Can be longer based on the status of the
beneficiary. New Jersey-spouse benefits until death or
remarriage. Rhode Island-without dependent children,
ceases upon remarriage. Tennessee-payable until
remarriage, death, or maximum total benefit (400 times
weekly compensation rate). West Virginia-payment
made to spouse until death or remarriage.
21.

22.
Georgia-Weekly benefit payable to minor children
if the child is under 18 or enrolled full time in high school
or if the child is over 18 and is physically or mentally
incapable of earning a livelihood; or if the child is under
the age of 22 and is a full-time student in good standing
enrolled in a postsecondary institution of higher learning.
Payments to spouse terminate upon remarriage or the
greater of 400 weeks or age 65.
23.
Hawaii-Maximum for persons other than spouse
and children is maximum benefit times 312.
24.
Hawaii-Maximum is 100% state AWW for spouse
and children; 50% of state AWW divided by 0.6667 for
spouse only. Minimum is 25% of state AWW or worker's
average wage if less.
25.
Hawaii-Funeral expense is 10 times state AWW plus
burial allowance of five times state AWW.
26.

Idaho-For death prior to 7/1/91.

Idaho-Death benefit is fixed at 45% of AWSW
for spouse plus 5% of AWSW per dependent child up
to three; 30% of AWSW for one child if no dependent
spouse; plus up to three additional children at 10%
AWSW each if no dependent spouse.
27.

28.
Additional allowance for transportation of body;
no maximum except: Texas-not to exceed usual cost
of otherwise transporting body from place of death
back to place of work; Virginia-$1,000; Alberta-
reasonable and actual expenses to transport the body;
British Columbia-$1,423 as of 1/1/14 [§17(2) and RSCM
C8-54.00]; Northwest Territories and Nunavut-no limit
inside Canada; Nova Scotia-$500 within province,
actual cost if death occurs outside province; Prince
Edward Island-no limit; Yukon-actual cost of
transporting body; and the CMSCA-$300.
29.
Illinois-Maximum is 1331/3% of state AWW; minimum
is 50% of state AWW.
30.
Illinois-Benefits are $500,000 or 25 years, whichever
is greater. Child under 18 is entitled to at least six years'
benefits.
31.
Iowa-Maximum is 200% of state AWW; minimum
weekly benefit amount for PP, PT, or death equal to
weekly benefit amount of person whose gross earnings
are 35% of state AWW.
32.

Kansas-Maximum is 75% of state AWW.

Kentucky-If children live with spouse, 45% of
claimant's benefits are paid to spouse plus 15% per child,
up to two children. If children do not live with spouse,
40% of claimant's benefits are paid to spouse plus 15%
per child, up to two children.
33.

34.
Kentucky- State AWW two years prior is used to
determine amounts. Maximum is 75% of state AWW for
spouse and children; 50% of state AWW for spouse only.
Minimum is 20% of state AWW.
35.
Kentucky-In addition to other benefits, if death
occurs within four years of date of injury as direct result
of work-related injury, a lump sum payment of $85,306.64

(for injuries on and after 1/1/09) shall be made to
descendant's estate from which cost of burial and cost of
transportation of body to employee's residence shall be
paid. Benefit payment is adjusted annually in accordance
with adjustment to state AWW.
36.
Louisiana-Maximum is 75% of state AWW; minimum
is 20% of state AWW, actual wage if less.
37.
Maine-$746.37 for injuries from 1/2/93-12/31/12.
829.30 for injuries on or after 1/1/13. Dates of injury prior
to 1993 receive COLA each year. The state AWW is
calculated each year around the end of June and is the
basis for calculating maximum benefits, annual COLA,
and impairment awards. A new multiplier is calculated
each 7/1, obtained by dividing new state AWW by
preceding year's AWW. In addition to burial expenses,
$3,000 incidental compensation is also paid to decedent's
estate.
38.
Maryland-For deaths occurring prior to 10/1/11, the
following formula applies: If wholly dependent, two-thirds
of the employee's AWW not to exceed 100% of the state
AWW. If partly dependent, two-thirds of the employee's
AWW not to exceed two-thirds of the state AWW.
For deaths occurring on or after 10/1/11, the following
formula applies:
Two-thirds of the deceased employee's AWW at the time
of the occurrence not to exceed the state AWW.
The deceased employee's income shall be divided by the
family income to determine the percent of family income
earned by the deceased. The percent of family income
earned by the deceased is multiplied by the death benefit
(as calculated in Paragraph 1) to determine the amount
payable, collectively, to all dependents.
Statutory Limit for Death Benefits-144 months or on
the date of what would have been the 70th birthday of
the deceased employee, provided that a minimum of five
years of death benefit has been paid.
Weekly minimum-$25 or the AWW of the worker,
whichever is less.
Weekly maximum-$1,116
Spouse remarriage-Continue payments to spouse for
two years after remarriage if no dependent children.
Calculation for payment-Deceased covered employee's
AWW as a percentage of total household income.
Amount limit-In accordance with §9-683.3 (i) of the
Labor and Employment Article, all dependents who are
neither a dependent spouse nor a dependent child shall
be entitled to no more than a total of $65,000, collectively,
as their portion of the total death benefit payable.
Beginning on 1/1/12, this benefit limit shall be adjusted
annually by the same percent applicable to the state
AWW.

See annual maximums in table below:
Date

AWW

Jan. 1, 2016

$1,027

Benefit Amount
$69,177

Jan. 1, 2017

$1,052

$70,861

Jan. 1, 2018

$1,094

$73,690

Jan. 1, 2019
$1,116
$75,172
Paragraph 1: This formula does not apply to a covered
employee of a municipal corporation or a county who
is subject to §9-503 of the Labor & Employment Article
unless the municipal corporation or county has made an
election under §9-683.6.
49.
Maryland-Up to $61,000 and thereafter so long as
spouse remains wholly dependent. If spouse becomes
wholly self-supporting, benefits cease once $45,000
has been paid. A surviving spouse without dependent
children who remarries continues to receive payments
for two years after remarriage. A surviving spouse
with dependent children who remarries loses benefits
immediately upon remarriage. If wholly dependent
spouse becomes partly self-supporting, benefits continue
until $60,000 has been paid.

76 | 2019 Analysis of Workers' Compensation Laws

40.
Maryland-Additional burial allowance up to $7,000
payable on commission approval.
41.
Massachusetts-Maximum is 100% of state AWW.
Annual cost-of-living increase payable up to 5% for
deaths after that date.
42.
Massachusetts-After receiving an amount equal
to 250 times state AWW, spouse must prove actual
dependence; time and amount limits do not apply to
children's benefits.
43.
Michigan-Maximum is 90% of state AWW; minimum
is 50% of state AWW.
44.

Michigan-500-week limit does not apply to children.

To spouse for life; cash lump sum on remarriage:
Michigan-$500 or balance if less; Nevada-If partial
dependents only, compensation up to 100 months;
Oregon-36 times monthly benefit; and Washington-24
times monthly benefit or 50% of remaining annuity value
of pension, whichever is less. Exception: for duty-related
deaths of law enforcement officers and firefighters,
cash lump sum to spouse on remarriage is 36 times the
monthly benefit or 50% of the remaining annuity value of
pension, whichever is less.
45.

46.
Minnesota-For two or more orphans 662/3% of
wages. To spouse for 10 years or, if children, during
dependency of children and then 10 years' benefits.
Offset for some government survivors' benefits.
Minimum compensation for a dependent is $60,000. If no
dependents, payments paid to the deceased's estate.
47.
Spouse receives cash lump sum in addition to other
benefits. Mississippi-$1,000; North Dakota-$2,500 plus
$800 per child; Oklahoma-Spouse receives cash lump
sum in addition to other benefits. In Oklahoma, for deaths
occurring on or after 2/1/14, $100,000 plus $25,000 per
child (not to exceed two); Washington-$4,913.08 cash
lump sum in addition to other benefits; Alberta-$2,229.21
immediate lump sum in addition to other benefits,
effective 1/1/19; British Columbia-$2,660.14 as of 1/1/14,
in addition to other benefits [§17(13) & RSCM C8-55.00];
Manitoba-$83,750; Newfoundland-the greater of
$15,000 or 26 times weekly net earnings; Northwest
Territories and Nunavut-$21,630; Nova Scotia-$15,000;
Ontario-$40,336.60 to $121,009.87; Prince Edward
Island-lump sum equal to 40% of the maximum
annual earnings in the year the death occurred;
Québec-$2,212; CMSCA-$16,868.50.
48.
Missouri-In most cases, maximum is 105% of
state AWW. Two years' worth of benefits payable to
spouse following remarriage. Enhanced benefits for
occupational diseases due to toxic exposure. §287.020.11,
RSMo, effective 1/1/14, defines "occupational diseases
due to toxic exposure" as the following: mesothelioma,
asbestosis, berylliosis, coal worker's pneumoconiosis,
bronchiolitis obliterans, silicosis, silicotuberculosis,
manganism, acute myelogenous leukemia, and
myelodysplastic syndrome. §287.200.4. RSMo, effective
1/1/14, provides enhanced benefits to employees with
"occupational diseases due to toxic exposure" which
result in a permanent total disability or death as follows:
(a) For occupational diseases due to toxic exposure, but
not including mesothelioma, an amount equal to 200%
of state AWW (as of the date of diagnosis) shall be paid
to the employee for 100 weeks. (b) If the employee is
diagnosed with mesothelioma (and if the employer has
accepted mesothelioma liability) an amount equal to
300% of state AWW shall be paid to the employee for
212 weeks-provided that any employee who obtains
benefits for asbestosis and who later obtains an award
for mesothelioma shall not receive more benefits than
such employee would receive having only obtained
benefits for mesothelioma. (c) The amounts due to
the employee during his or her lifetime for an award
of permanent total disability shall be paid after the
enhanced benefits for "occupational diseases due to
toxic exposure" have been exhausted. (d) Should the
2019 Analysis of Workers' Compensation Laws

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