Survivors Benefits

In the event that the work-related injury or disease results in the death of the employee, his or her spouse and children are entitled to full benefits. Benefits are paid to children under the age of 18 or until age 25 if a full-time student or if physically or mentally handicapped for the duration of the incapacity. If the deceased has no eligible spouse or child, the benefits are paid to his or her totally dependent parents. If the deceased has no eligible spouse, children or totally dependent parents, the benefits may be paid to other survivors, including partially dependent children, parents, grandparents, grandchildren or the other heirs who are at least 50% dependant on the employee. If the spouse remarries and there are no children at the time of the remarriage who are entitled to benefits, the spouse is entitled to a final lump sum payment equal to two years compensation. The benefit is two-thirds (66 2/3%) of the employee's gross average weekly wage. The average is based on the employee's wages during the year before the injury or exposure, subject to certain limits. The survivors' benefit is limited to 20 years of weekly benefits, or $250,000.00, whichever is more.