2019 Analysis of Workers' Compensation Laws - 77

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

Notes, cont.
employee die before all of the enhanced benefits for
"occupational diseases due to toxic exposure" have
been paid, the remainder of the enhanced benefits
are payable to the employee's spouse or children,
natural or adopted, legitimate or illegitimate, in addition
to the benefits provided for a death due to any other
compensable cause. If there is no surviving spouse or
children and the employee, in his or her lifetime, has not
received all of the enhanced benefits for "occupational
diseases due to toxic exposure," the remainder of such
enhanced benefits shall be paid as a single payment
to the estate of the employee. (e) If the employee is
diagnosed with mesothelioma and the employer has
rejected mesothelioma liability, then the "exclusive
remedy" provisions under §287.120 shall not apply. It is
recommended that a lawyer be consulted for guidance
as to the availability of any of these benefits.
Missouri-Four years' benefits payable to child on
active duty in armed forces at age 18 who enrolls in
school prior to age 23.
49.

Montana-Maximum is 100% of state AWW;
minimum is 50% of state AWW, actual wage if less.
50.

Nevada-Maximum depends on date of injury, but is
150% of state average monthly wage.
51.

52.
New Hampshire-Upon remarriage, unpaid balance
otherwise due is payable to parent or guardian for
children's benefit.

New Hampshire-Maximum is 150% of state AWW;
minimum is gross state AWW, up to after-tax earnings.
53.

54.
New Jersey-Maximum is 75% of state AWW;
minimum is 20% of state AWW.

New Jersey-No deductions for earnings after 450
weeks.
55.

56.

New Mexico-Maximum is 100% of state AWW.

57.
New York-If no spouse or dependent children,
$50,000 is paid to decedent's parents; if there are no
surviving parents, to decedent's estate. Domestic
partners as so defined in WCL §4 are eligible for spousal
death benefits if employee died as a result of 9/11/01
terrorist attacks. Maximum per week: Spouse Plus
Children and Spouse Only $400 for deaths occurring prior
to 7/1/07, $500 for deaths occurring on and after 7/1/07,
$550 for deaths occurring on and after 7/1/08, $600 for
deaths occurring on and after 7/1/09; two-thirds of the
New York state AWW for death occurring on and after
7/1/10, adjusted each 7/1 thereafter.

New York-Social Security offset for survivor's
insurance benefits.
58.

59.

North Carolina-Maximum is 110% of state AWW.

North Carolina-Payable for life until remarriage if
spouse disabled at time of decedent's death.
60.

61.
North Dakota-Maximum is 125% of state AWW
plus $15 per dependent child under 18 or 22 if in school.
Minimum benefit is 60% of state AWW, not to exceed net
wage of descendent.

Ohio-Maximum is 100% of AWW; minimum is 50%
of state AWW.
62.

63.
Oklahoma-For deaths occurring between 11/1/16
and 10/31/17, the maximum weekly income benefit for a
spouse is 70% of the lesser of the employee's AWW or
the state AWW of $851.47, plus 30% pro rata for children.
64.

Oklahoma-No maximum limit.

Oklahoma-Lump-sum payment of $100,000 for
spouse only and $25,000 for each child up to two
children.
65.

66.
Oregon-If the total benefit provided to children is
over 1331/3% of the state AWW, the children's' benefits
are prorated so the total does not exceed 1331/3%.
However, the benefit for each child who is 19 to 26 years
of age and attending a program of higher education and
who has no surviving parent is 662/3% of the state AWW,

and this amount does not count toward any overall limit
on benefits. All death benefits are paid monthly at 4.35
times the weekly rates shown.
Oregon-Maximum burial allowance is 20 times state
AWW. Any part of the benefit that remains unpaid 60
days after the date of the worker's death or the date of
claim acceptance, whichever is later, must be paid to the
estate of the worker.
67.

Pennsylvania-Maximum is 100% of state AWW;
minimum is 50% of state AWW.
68.

69.
Rhode Island-Maximum is 125% of state AWW plus
$40 per dependent child. Annual cost-of-living increase
of 4% on anniversary.
70.

South Carolina-Maximum is 100% of state AWW.

South Dakota-Maximum is 100% of state AWW;
minimum is 50% of state AWW, actual wage if less.
Additional $50 monthly is payable for each dependent
child through age 18.
71.

72.
South Dakota-Eligible dependents may qualify for a
scholarship up to $2,000 per year up to five years, paid to
a postsecondary institution.

Texas-Maximum is 100% of state AWW.
Nondependent parents may be eligible to receive death
benefits in the absence of an eligible spouse, child or
grandchild. Benefits may not exceed 104 weeks for
nondependent parents.
73.

Utah-Additional allowance for dependents is $20
for spouse plus $20 for dependent child (up to four).
Maximum (including dependents' allowance) is 85% of
state AWW.
74.

at remarriage, payments can be resumed should
remarriage later be terminated by death or divorce.
84.
West Virginia-Maximum is 100% of state AWW;
minimum is 331/3% of state AWW, up to federal minimum
weekly wage.
85.
Wisconsin-Surviving unestranged parents receive
benefit of $6,500.
86.
Wisconsin-Maximum is 110% of state AWW.
Benefits paid monthly. Partial lump-sum payment may be
ordered.
87.
Wisconsin-Disability plus death if death follows
disability. For injuries on or after 3/2/16, no recovery of
death benefits when an employee violates the employer's
drug and/or alcohol policy and where there is direct
causation between the violation and the workplace
injury.
88.
Wisconsin-Amount limit is 200 times state AWW.
When primary benefit expires, supplementary monthly
benefit continues for children at 10% of spouse's monthly
benefit, payable from the Children's Fund.
89.
Wyoming-Monthly benefit is either 80% of state
average monthly wage (SAMW) or is capped at two
times SAMW based on formula and actual monthly
earnings of worker. In addition, each child receives $250
monthly benefit.
90.
Wyoming-After 100 months, the division may
continue payments at 331/3% of state average monthly
wage for 12 months. These additional benefits must be
applied yearly. Up to 3% COLA for dependent child(ren)
each 7/1.

75.
Utah-After 312 weeks, payments continue only
after annual review. No offset for Social Security. Upon
remarriage, spouse receives 52 weeks' compensation in
lump sum or balance of award, whichever is less.

91.
Wyoming-Unless other arrangements have been
made by the employer.

76.
Utah-Applicable in normal cases; additional
amounts may be requested.

93.
FECA-For two or more children. Widow with one
child, 60%; and widow with two or more children, 75%.

77.
Vermont-Maximum is 150% of state AWW; minimum
is 50% of state AWW, actual wage if less.

94.
FECA-Additional $200 lump sum payable for cost of
terminating status as U.S. employee.

78.
Vermont-To spouse until age 62 or when entitled to
Social Security; balance of 330 weeks, if any, is payable
on remarriage.

95.
FECA-Spouse who remarries after age 55 continues
to receive monthly benefits.

Virginia-Parents, in destitute circumstances, of
killed employee entitled to receive benefits if deceased
employee has no other dependents.
79.

80.
Virginia-Maximum is 100% of state AWW; minimum
is 25% of state AWW, actual wage if less.
81.
Washington-Weekly minimum rate $43.19 for date of
injury through 7/1/08; after 7/1/08, minimum benefits are
15% of state average monthly wage plus $10 if married
plus $10 for each dependent up to five dependents.
However, if this amount is more than 100% of worker's
gross wages, the monthly minimum is 100% of the gross
wages or the monthly minimum amount effective through
7/1/08, whichever is greater.
82.
Washington-Spouse plus one child, 62% of wages;
spouse plus two children, 64% of wages; spouse plus
three children, 66% of wages; spouse plus four children,
68% of wages; spouse plus five children, 70% of wages
(five children maximum).
83.
Washington-Maximum monthly benefit is 120% of
state average monthly wage. For injuries or fatalities
occurring on or after 7/28/91-24 times monthly
compensation rate at time of remarriage 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.
If injury or fatality occurred prior to 7/28/91, remarriage
benefit lump sum is to be provided according to
remarriage benefit schedule then in effect. If a surviving
spouse selects not to accept lump sum payment

2019 Analysis of Workers' Compensation Laws | 77

92.
Virgin Islands-$25,000 minimum; at discretion of
administrator.

96.
Longshore Act-Benefits lesser of employee's
weekly wage, $1,510.76, or 200% national AWW.
Minimum is 50% of NAWW, actual weekly wage if less.
Death benefits payable for related death only. Except for
those receiving PTD under now obsolete DC Comp Act,
an "unrelated" death benefit is payable to spouse, but
without annual adjustment.
97.
Alberta-A dependent spouse with children receives
same as worker would have received had he been
100% disabled until youngest child reaches 18 or while
a dependent child between the age of 18 and 25 is
registered in and attending school. When the children
are no longer dependent, the spouse continues to
receive a full pension for five years, at the end of which
time benefits depend on dependent spouse's vocational
status and ability to become gainfully employed (earns
at least 75% of deceased worker's earnings adjusted
by cost of living). If spouse is gainfully employed,
pension benefits end and he or she receives a lump
sum to recognize loss of retirement contributions; if not
gainfully employed, but is capable of such, receives up
to 60 months' vocational rehab services, followed by a
lump sum to recognize loss of retirement contributions.
If invalid or incapable of gainful employment, receives
full pension to retirement age, followed by adjusted
(reduced) pension until end of life.
98.
British Columbia-Amounts adjusted annually on 1/1
by CPI.
99.
British Columbia-For spouse plus one child-85%
of 90% net minus 50% CPP Survivor Benefit. Two
children-100% of 90% net minus 50% of federal CPP
Survivor Benefit benefits. Youngest child gets 25%. Three
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