The death of a loved one can leave an entire family devastated. The loss is further complicated by the financial turmoil that follows.
The workers’ compensation system provides death benefits to the surviving dependents of the deceased worker in case the death is caused by a work-related injury. The surviving dependents can claim death benefits in the following circumstances:
- The death of a worker as the result of a work-related injury.
- The employee suffers a permanent partial or total disability due to a compensable work-related injury; however, he or she dies after some time due to a cause unrelated to the work injury sustained.
30 YEARS EXPERIENCE
OVER $100 MILLION COLLECTED
ONLY WORK COMP
Workers’ Compensation Death Benefits
Workers’ compensation death benefits differ with the circumstances. If an employee dies on the job, for example, the death is caused by a work-related accident, the survivors of the deceased (spouse and dependent children only) receive compensation in the form of weekly benefits from the employer or insurer. The compensation paid out for the first year after the fatal accident is equivalent to 66.66 percent of the employee’s weekly wage at the time of the accident. This amount is subject to a maximum limit set by state law. The employer or the insurer may also pay up to a maximum of $5,000 for funeral expenses.
When an employee’s death is unrelated to a work injury, the survivors are entitled only to the accrued benefits of the deceased employee. In most cases, this is a lump sum for the permanent partial or total disability sustained by the employee due to the work-related accident. Such a scenario would involve complicated legal issues, and it is advisable to hire a Missouri workers’ compensation lawyer to help file the compensation claim and negotiate with the employer’s insurance company.
Defining ‘Total Dependents’
The entitlement to death benefits is limited to the deceased’s ‘total dependents.’ Missouri state law defines total dependents as the surviving spouse and dependent children under 18. The death benefits are shared equally between all the survivors. A surviving spouse can receive weekly benefits for his or her lifetime. If the surviving spouse remarries, a lump sum equivalent to two years of benefits is provided, and then the compensation ceases.