Workers’ Comp Death Benefits by State

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Workers’ comp death benefits vary according to state. Whether you are an individual looking for information after a tragic accident or an employer who wants to remain compliant, this guide will give you all the details you need to understand workers’ compensation death benefits, no matter where you are across the USA.

What are Workers’ Comp Death Benefits? 

Death benefits with workers’ compensation are payments of money provided to dependents or other beneficiaries of someone who has tragically passed away due to a work-related illness or injury. The purpose of death benefits is to remove the financial burden on the worker’s family by helping them replace lost income and give proper support to any dependents. 

However, every state has different eligibility criteria and benefits, which can make things even more complicated. To keep things simple, remember that most states do cover burials or funerals and provide some kind of monetary assistance to surviving children, spouses, and other dependents. 

Benefits themselves can vary but usually include a certain percentage of the worker’s wages. The actual number is based on calculations like the number of dependents and the weekly wage amount. 

Some states also provide additional benefits that you want to be aware of to make the loss of a family member a bit easier to adjust to.

Alabama Workers’ Comp Death Benefits

Deceased worker’s children and spouses in Alabama can get death benefits. For those without dependents, the money goes to their estate.

There is also a burial allowance that goes up to $6,500 maximum.

For families, up to about 67% can be provided from the worker’s weekly wage with a minimum limit of $238 and a maximum limit of $865 each week. For those with no dependents, the estate is given $7,500.

Benefits are available for a maximum of 500 weeks but may end if the spouse remarries or dies. Children get benefits until they are 18 or all benefits have been used up.

Learn more on the Alabama's state website

Alaska Workers’ Comp Death Benefits

In Alaska, the children and spouse of a deceased worker are eligible to get death benefits. If no dependents are available, other dependent family members can receive some amount of money but no more than $20,000 in total. 

There is also a burial allowance of up to $10,000.

A maximum of 90% of the worker’s spendable net or after-tax wages can also be provided with a lowest benefit of $75 to a spouse or $25 to a first child and $50 to children each week. The maximum benefit is $1,211 and a single $5,000 lump benefit is likewise provided. 

Benefits can last for a maximum of 12 years although children lose benefits at 19 unless they are students, then it stops at 23.

Learn more on the Alaska's state website

Arizona Workers’ Comp Death Benefits

Both spouses and children of deceased workers in Arizona can receive death benefits. If there are none, dependent siblings or parents can get some amount of the worker’s monthly wage. 

Up to $5,000 is provided in a burial allowance.

Amounts of 35% or less can be rewarded to the family based on the deceased’s monthly wage. Another 32% is meant to be split equally among the family members. 

No lowest benefit is in place but the maximum for a week is $729.56. No specific limits exist on death benefits in the state. 

However, they end if the spouse is remarried or dies. Children get benefits until they turn 18 unless they are students, then it stops at 22.

Learn more on the Arizona's state website

Arkansas Workers’ Comp Death Benefits

The children and spouses of deceased workers in Arkansas are eligible to get death benefits. If these dependents do not exist, the money may go to siblings, grandparents, and parents who are relying on the person. 

For the burial allowance, up to $6,000 is available.

A total of 50% of the worker’s typical weekly wage may be given to the family with a lowest benefit limit of $20 and a maximum limit of $695 per week. These benefits may be provided for a maximum of 450 weeks for partial dependents.

If the spouse is remarried or dies, the benefits may be halted. Children will get benefits until they are 18 or unless they are full time students, then it stops at 25. 

Learn more on the Arkansas' state website

California Workers’ Comp Death Benefits

Both spouses and descendants are capable of getting death benefits in California for a deceased worker. If no dependents exist, the benefits go to a personal representative or legal heirs. 

Up to $10,000 is available for a burial allowance.

A sum of 66% of a worker’s wages can also be provided to families with a lowest benefit of $224 and a maximum benefit of $1,251.38 each week. Benefits may be given up to $290,00 which is about four and a half years with a full payout.

The benefits are in place if the spouse gets remarried or dies. Children get benefits until they reach 18 years of age.

Learn more on the California's state website

Colorado Workers’ Comp Death Benefits

Children and spouses of deceased workers in Colorado can get death benefits. When there aren’t any dependents, the benefits are applied to hospital, medical, and funeral fees. 

However, partial dependents can get some amount of the worker’s weekly wage. The total burial allowance is $7,000.

Families can get nearly 67% of the worker’s average wage with a lowest benefit of $249.96 and a maximum of $987.84 per week. There are also benefits available for “reasonable, necessary, and related” expenses related to medical for the worker before death. 

Benefits are available for unlimited periods but will end if the spouse remarries or dies. Children’s benefits last until they are 18 or 21 if they are a student. 

Learn more on the Colorado's state website

Connecticut Workers’ Comp Death Benefits

Death benefits in Connecticut are provided for spouses and kids of deceased workers. If none are available, benefits can go to other people relying on the worker for a maximum of 312 weeks. 

Up to $4,000 can be used as a burial allowance.

A total of 75% of the worker’s typical weekly wage can be given to the family. The minimum is identical to the TTD minimum each week while the maximum sits at $1,256 each week. 

Indefinite death benefits are provided unless the spouse remarries or dies. For children, benefits end at the age of 18 or 22 if they are a student.

Learn more on the Connecticut's state website

Delaware Workers’ Comp Death Benefits

Spouses and children of deceased workers in Delaware are entitled to death benefits. If they do not exist, benefits can go to siblings or parents who depended on the worker for half or more of their assistance when the death occurred. 

Delaware also offers a $3,500 total burial allowance.

The typical weekly wage of the worker can also be given to the family with a lowest benefit limit of $237.88 and a maximum of $713.65 each week. There is not a limit to the period to get benefits in the state.

However, benefits end if a spouse passes away or remarries. For kids, the benefits end upon turning 18 or 25 if the person is a full time student.

Learn more on Delaware's state website

District of Columbia Workers’ Comp Death Benefits

Children and spouses of deceased workers can get death benefits in Washington DC. If dependents are not available, benefits go to other dependent relatives like siblings or parents. 

A burial allowance is also provided at a maximum of $5,000.

Families in DC can get 50% of the worker’s typical weekly wage with a lowest benefit of $380.44 and a maximum benefit of $1,521.75 each week. 

No specific limit on time is set for receiving death benefits in this location. Benefits end if a spouse gets remarried or dies. Kids get benefits until they become 18 or 23 if they are students.

Learn more on the District of Columbia website

Florida Workers’ Comp Death Benefits

In Florida, deceased workers' kids and spouses can get death benefits. When no dependents exist, the benefits go to the parents or grandparents but at a lower rate. 

The total burial allowance for the state is $7500.

Husbands and wives can get 50% of the worker’s typical weekly wage, while kids can get almost 17% of the wage. The lowest benefit is 20% while the maximum benefit is $939 per week. Spouses can also be paid for college student fees. Benefits may be rewarded by $150,000 total. 

Benefits end if the spouse gets remarried or dies. Children stop getting benefits at 18 or 22 if they are students.

Learn more on the Florida's state website

Georgia Workers’ Comp Death Benefits

Spouses and kids of deceased workers in Georgia can get death benefits. If no dependents are there, the self-insurer or insurer will compensate the State Board of Workers’ Compensation half the benefits that would go to dependents or a sum of $10,000, whichever is lower. 

The burial allowance maximum in the state is $7,500.

Families can receive 66% or less of the worker’s typical weekly wage with a lowest benefit of $50 or a maximum benefit of $675 per week. Benefits may be given up to $270,000.

Benefits will end if the spouse passes away or is remarried. Children get benefits until they become 18 or 22 if they are still students.

Learn more on the Georgia's state website

Hawaii Workers’ Comp Death Benefits

The deceased worker’s children and spouses are entitled to death benefits in the State of Hawaii. If there aren’t dependents, dependent parents, grandchildren, siblings, grandparents, and non-dependent parents might get benefits. 

For a burial, the maximum amount provided is about $4,500.

Families in the state can get almost 67% of the worker’s average wage with a lowest benefit of $225 and a maximum benefit of $899 per week. If there aren’t any dependents, 25% of 312 weeks times $899 progresses to non-dependent parents. 

Benefits can last for 312 weeks but end if the spouse is remarried or dies. Children get benefits until they are 18 or 22 if still in school.

Learn more on the Hawaii's state website

Idaho Workers’ Comp Death Benefits

Both children and spouses of deceased workers in Idaho can get death benefits. If there are none, siblings, grandchildren, grandparents, and parents may be able to get benefits. 

Burial allowances go up to $6,000 and Idaho state handles required costs for body transportation.

Plus, an Idaho family can get 50% of the standard state wage for a lowest benefit of $36.05 and a maximum benefit of $432.60 per week. Benefits may be compensated for a maximum of 500 weeks. 

Benefits end if the spouse remarries or dies. Kids get benefits until 18 or 23 if enrolled as students.

Learn more on the Idaho's state website

Illinois Workers’ Comp Death Benefits

For deceased workers in Illinois, spouses and kids are entitled to death benefits. For those who have neither, anyone else who is reliant on at least half of their income may receive benefits. 

The burial allowance maximum in the state is $8,000.

Plus, families in the state can get nearly 67% of the typical weekly wage of the worker with a minimum weekly payment of $565.06 and a maximum of $1,506.81. Benefits may be compensated for 25 years or until $500,000 has been compensated. 

If the spouse remarries or dies, benefits can end. Children receive benefits until they are 18 or 25 if a student.

Learn more on the Illinois' state website

Indiana Workers’ Comp Death Benefits

Spouses and children of deceased workers in Indiana can get death benefits. With no dependents, the amount may be given to other people who are relying on them. 

The burial allowance maximum is $7,500. 

Families in Indiana can also receive almost 67% of the worker’s typical weekly wage with a minimum of $50 and a maximum of $780 each week. Benefits in this state can last for 500 weeks.

Benefits will end if the spouse passes away or remarries. Children get benefits until they are 18 or 21 if they are in school.

Learn more the Indiana's state website

Iowa Workers’ Comp Death Benefits

In Iowa, the spouse and kids of a deceased worker are entitled to death benefits. If these do not exist, others who can show dependency may be approved for benefits. 

The total allowance for the burial in the state is $10,587. 

Up to 80% of the worker’s spendable net or after-tax weekly wages can be provided to families. This includes a lowest benefit of $308 a week up to a maximum of $1,765. This all considers wages, marriage status, and entitled exemptions. 

There is not a limit on time on death benefits, but they will end if the spouse passes away or is remarried. Kids get benefits until they are 18 or 25 if they are students.

Learn more on the Iowa's state website

Kansas Workers’ Comp Death Benefits

For deceased workers in Kansas, their children and spouses can get death benefits. “If the employee leaves no legal spouse or dependent children eligible for benefits under this section but leaves other dependents wholly dependent upon the employee’s earnings, such other dependents shall receive weekly compensation benefits as provided in this subsection until death, remarriage or so long as such other dependents do not receive more than 50% of their care from any other earnings or income or from any other source, except that the maximum benefits payable to all such other dependents, regardless of the number of such other dependents, shall not exceed a maximum amount of $18,500.”

The burial allowance maximum is $5,000. 

Families can also get nearly 67% of the typical weekly wage with a lowest benefit of $391 and a maximum benefit of $645 per week. No specific limit on time is included but benefits are limited to $300,000. 

Benefits can stop when a spouse passes away or a child turns 18 (or 23 if a student.)

Learn more on the Kansas' state website

Kentucky Workers’ Comp Death Benefits

Spouses and children of deceased workers in Kentucky are qualified for death benefits in the state. If no dependents exist, siblings, grandkids, grandparents, and parents may get some amount of benefits. 

The burial allowance for people in Kentucky is $85,307.

The surviving spouse can get 40% of the typical weekly wage while kids get 15% up to the state limit. This is defined as “all combined cannot exceed the amount payable for total disability.” Benefits may be received for a maximum of 500 weeks but not if the spouse passes away or is remarried. 

Children get benefits until 18 or 22 if they are in school.

Louisiana Workers’ Comp Death Benefits

Deceased worker’s children and spouses can get Louisiana death benefits. If dependents aren’t available, the benefits will go to the person’s parents but at a lower rate. 

The burial allowance maximum in this state is $8,500.

Families can get up to 46 ¼% of the worker’s average wage with a lowest benefit of $177 and a maximum benefit of $665 per week. Lump sum benefits may be provided to kids over majority age if there aren’t any minor kids or spouses. If none of these exist, a lump sum may be provided to the parents. 

There is not a limit to receiving benefits, but they will stop if a spouse passes away or is remarried and kids receive benefits until 18 or 23 if still in school.

Learn more on the Louisiana's state website

Maine Workers’ Comp Death Benefits

Spouses and kids of deceased workers can get Maine death benefits. In the case of no dependents, the money goes to the parents of the worker. 

A burial allowance maximum is also available at $4,000.

About 80% of the worker’s spendable net or after-tax wage is also available if the death was between 1993 and 2012. For times after that, 66% may be provided with a maximum of $829.30 each week. Benefits may be provided for a maximum of 500 weeks.

 Benefits will stop upon death or remarriage. Children get benefits until 18 or 23 if still in school.

Learn more on the Maine's state website

Maryland Workers’ Comp Death Benefits

The spouse and kids of a deceased worker can get death benefits in Maryland. Partial dependents may receive benefits if full dependents are not present. 

For the burial allowance, the maximum amount is $7,000.

Families will also get the “covered employee’s typical weekly wage as a percentage of total household income.” The lowest benefit amount is $25 a week and the maximum amount is $1,116. If there aren’t any dependents, $75,00 will be given to the estate. Benefits last 144 weeks or less or until the date of the 70th birthday of the dead. 

Benefits end if the spouse passes away. Upon remarriage, the benefits last two years longer. Children can get benefits until they are 18 or 23 if they are in school.

Learn more on the Maryland's state website

Massachusetts Workers’ Comp Death Benefits

Children and spouses of deceased workers are qualified for death benefits in Massachusetts. When no other dependents are involved, the benefits go to others who might depend on the worker. 

The burial allowance maximum is $11,067.28 but some other burial costs could be covered in various situations.

Up to about 67% of the worker’s typical weekly wage can be given to the family, along with $6 more for every child. The minimum weekly benefit is $110 while the maximum is $1,000. Death benefits last 250 weeks.

Benefits will end if the spouse passes away. Children receive benefits until they are 18 years of age.

Learn more on the Massachusetts' state website

Michigan Workers’ Comp Death Benefits

For Michigan deceased workers, benefits may be given to a spouse and kids. If there aren’t dependents, only expenses related to the funeral will be covered. 

The total burial allowance is $6,000.

In addition, families can get up to 80% or less of the worker’s weekly wage with a lowest benefit limit of $511.46 and a maximum benefit of $921 each week. Benefits are provided for a maximum of 500 weeks.

Benefits but will end if the spouse remarries or dies. Kids get benefits until the age of 18.

Learn more on the Michigan's state website

Minnesota Workers’ Comp Death Benefits

A dead worker’s children and spouse can get Minnesota death benefits. If no dependents are available, wholly dependent siblings, grandchildren, grandparents, parents, or mother/father-in-law may get some benefits. 

The allowance for the burial in the state has a maximum of $15,000.

Beyond that, families can get up to 60% of the worker’s daily wage with a maximum benefit of 102% of the typical state weekly wage for the year before. Lowest benefits do not exist. Benefits may be given for up to 10 years or 10 years after the last child is not dependent. The minimum payable is $60,000.

Benefits would end if the spouse died. Children get benefits until they are 18 or 25 if they are a student. 

Learn more on the Minnesota's state website

Mississippi Workers’ Comp Death Benefits

The spouses and kids of deceased workers in Mississippi can receive death benefits. If no dependents are there, other relatives might get benefits but at a reduced rate. 

The maximum burial allowance is $5,000.

Of the typical weekly wage, families can get up to 35% of it. The child also gets 10% with a lowest benefit limit of $25 and a maximum benefit limit of $494.48 per week. Mississippi also offers an immediate $1,000 payment upon a partner’s death. Benefits are available for up to 450 weeks.

 Benefits will stop if a spouse gets remarried or dies. Children get benefits until 18 or 32 if they are a student.

Learn more on the Mississippi's state website

Missouri Workers’ Comp Death Benefits

In Missouri, spouses and children of deceased workers can gain access to death benefits. A Missouri law notes, “In all other cases, questions of the degree of dependency shall be determined in accordance with the facts at the time of the injury, and in such other cases if there is more than one person wholly dependent, the death benefit shall be divided equally among them.” 

The total burial allowance is $5,000.

Up to nearly 67% of the worker’s typical weekly wage can be waged to the family with a minimum limit of $40 per week and a maximum of $947.64 for the same length of time. 

Death benefits last a lifetime or until remarriage for spouses. Kids get benefits until 18 or 22 if they are a student. 

Learn more on the Missouri's state website

Montana Workers’ Comp Death Benefits

Deceased worker’s children and spouses can gain Montana death benefits. If dependents aren’t available, dependent parents can get the same benefits. 

The burial allowance maximum in the state is $4,000.

Families also get about 67A^ of the worker’s typical weekly wage. The limit is at 100% of the State Average Weekly Wage, while The lowest benefit is 50% of that same amount. Death benefits last for a maximum of 500 weeks.

Benefits but may be stopped upon death or marriage. Children get benefits until 18 or 22 if they are a student. 

Learn more on the Montana's state website

Nebraska Workers’ Comp Death Benefits

Spouses and children of workers can get Nebraska death benefits. If no dependents are where, the benefits may go to the deceased person’s parents. 

A total burial allowance is in place in the state at $10,000.

Families can also get 75% of the worker’s typical weekly wage with a lowest benefit of $49 and a maximum benefit of $855 a week. Benefits are available for 500 weeks or more than nine years. 

Benefits end if the spouse passes away or remarries, and kids receive benefits until they become 19 or 25 if they are in school.

Learn more on the Nebraska's state website

Nevada Workers’ Comp Death Benefits

Eligibility is available for spouses and children of deceased workers in Nevada. Barring dependents, the benefits may go to minor siblings or dependent parents. 

There is a total burial allowance of $10,000.

On top of that, families can get the entire typical weekly wage with half for children and half for the spouse. The maximum benefit limit is $831.88 each week but no minimum exists. 

Death benefits are unlimited in time but will end if the spouse is remarried or dies. Kids receive benefits until 18 or 22 if they are a student. 

Learn more the Nevada's state website

New Hampshire Workers’ Comp Death Benefits

Spouses and children can receive New Hampshire death benefits. If no primary dependents exist, anyone who shows they were relying on the person may get some benefits. 

The allowance for the burial in this state is $10,000.

Families in the state can get 150% or less of the worker’s average wage every week. The lowest benefit is $316.50 and the maximum sits at $1,582.50. 

Death benefits do not have a limit on time in New Hampshire but end if the spouse gets remarried or dies. Kids receive benefits until 18 or 25 while in school.

Learn more on the New Hampshire's state website

New Jersey Workers’ Comp Death Benefits

In New Jersey, a worker’s children and spouse may get death benefits. If no dependents are present, siblings, grandchildren, grandparents, or parents who show dependency may get benefits. 

The total burial allowance is $3,500.

Families of the dead can get up to 70% of the worker’s wage with a lowest benefit limit of $246 and a maximum limit of $921 each week.

Benefits last a lifetime for spouses who do not remarry. Children can get benefits until they are 18 or 23 if they are a student. 

Learn more on the New Jersey's state website

New Mexico Workers’ Comp Death Benefits

The spouses and children of deceased workers in New Mexico can receive death benefits. If none are available, dependent grandchildren, siblings, or parents may receive some benefits. 

The total allowance for the burial in this state is $7,500.

Other benefits for the families include about 67% of the worker’s weekly wage. The minimum and maximum benefits are laid out in Statute 52-1-46. Death benefits may be provided for over 13 years or 700 weeks at the rate of 100% of the state's typical weekly wage. 

The benefits can end if the spouse is remarried or dies, or the children turn 18 or 23 if they are a student.

Learn more on the New Mexico's state website

New York Workers’ Comp Death Benefits

A deceased worker’s children and spouses are authorized for death benefits. If no dependents are available, an amount of $50,000 can be given to the living parents. 

The burial allowance maximum varies from $10,500 to $12,500. The number is based on the county.

Spouses in the state can also get almost 37% of the typical weekly wage of the worker, while kids can get up to 305%. The lowest benefit is $30 a week and the maximum is $904.74. There is an offset on benefits in the state, so the spouse benefit is lessened by the amount of their cut of Social Security survivors' insurance. 

Benefits may be funded to the spouse until remarriage or death. Children will receive benefits until they are 18 or 23 if they are a student.

Learn more on the New York's state website

North Carolina Workers’ Comp Death Benefits

The children and spouse of a North Carolina deceased worker can get death benefits. If no dependents exist, a payment can be made to a “next of kin.” If nobody fits this criterion, a burial benefit is all that will be paid. 

The maximum for the burial benefit is $10,000.

Families can also receive almost 67% of the worker’s typical weekly wage up to a maximum of $1,102 every week. Death benefits are available for 500 weeks or more than nine years. 

The spouse can get benefits even if they choose to remarry. If they pass away, the benefits will be transferred to the children. Kids will receive benefits until they are 18 or after 500 weeks, whichever is more.

Learn more on the North Carolina's state website

North Dakota Workers’ Comp Death Benefits

A deceased worker’s children and spouses in North Dakota can get death benefits. If no dependents are available, a compensation of $15,000 will be shared with non-dependent children. If there are none, that payment is available to the parents. 

The allowance for the burial in the state is $10,000.

North Dakota families can get almost 67% of the worker’s wage before injury along with $15 per child each week. The lowest benefit each week is $576 while the maximum is $1,200. Death benefits are available until $300,00 has been paid out or the spouse passes away. 

When remarrying, a lump sum is provided. Kids receive benefits until they are 18 or 22 if they are a student.

Ohio Workers’ Comp Death Benefits

In Ohio, a worker’s partner and kids may receive death benefits. Those without dependents can only have money for funeral benefits. 

The maximum allowance for burials is $5,500.

Families can also get just below 67% of the worker’s typical weekly wage if it doesn’t go over the State Average Weekly Wage. The lowest benefit per week is $475 and the maximum is $950. Dependents can also get funeral expenses and could be qualified for supplementary compensation, such as any loss accrued before the person’s death. 

Death benefits are made at the states’ judgment with no specific limit other than when a spouse passes away or remarries. Kid’s benefits may end at 19 or 25 if they are a student.

Oklahoma Workers’ Comp Death Benefits

A deceased worker’s partner and kids may receive death benefits. Requirements do not exist to pay benefits to anyone else. 

A burial allowance is provided of $10,000.

Families can also get up to 85% of the worker’s typical weekly wage, as well as a lump sum of 70% to spouses and 15% to kids. The maximum benefit is $867.71 per week while no lowest benefit exists. 

No specific limit is applied to death benefits and how long you can get them except when a spouse passes away or remarries.

Oregon Workers’ Comp Death Benefits

In Oregon, worker’s children and spouses are entitled to death benefits. If no dependents are available, only expenses for burial are provided. 

The maximum for that particular benefit is $20,141. 

Families in Oregon can get 4.35 multiplied by 66.66% of the typical weekly wage for the state plus 4.35 multiplied by 25% of the weekly wage for one child. No lowest benefit exists but the maximum is $438.07 each week. 

No specific limit on time exists for death benefits for spouses, but remarriage or death ends them. A three-year lump sum is available upon remarriage. Children receive benefits until they are 19 or 26 if they are a student. 

Learn more on the Oregon's state website

Pennsylvania Workers’ Comp Death Benefits

Spouses and children of deceased workers can get Pennsylvania death benefits. If there aren’t dependents, the siblings and parents of the person who died may get compensation instead. 

The burial allowance maximum in the state is $7,000.

Families in the state may receive at most a total of 60% of the worker’s typical weekly wage up to $1,049 a week. 

No specific limit on time exists on death benefits, but remarrying will end the benefits. A two-year lump sum payment will be provided in this situation. Kids get benefits until the age of 18.

Learn more on the Pennsylvania's state website

Rhode Island Workers’ Comp Death Benefits

A deceased worker’s children and spouses can get death benefits in Rhode Island. If no dependents are available, the benefits can go into burial costs but nothing more. 

The maximum burial allowance is $20,000.

Living spouses can get a weekly amount for the full amount of the worker’s typical weekly wage and $40 a week for each of the children. While there is no lowest benefit, the maximum is $1,253 per week.

No specific limit on time exists on Rhode Island death benefits but if the spouse remarries, the payments will move to the other dependents.

Learn more on the Rhode Island's state website

South Carolina Workers’ Comp Death Benefits

In South Carolina, spouses and children can get death benefits. When there aren’t any dependents, the benefits move to non-dependent parents or kids. 

The total burial allowance available is $2,500, which is lower than in many states.

Spouses can obtain 50% of the state’s typical weekly wage and dependent children receive the other 50%. The lowest benefit is $75 weekly while the maximum benefit is $845.74. Death benefits may be waged for 500 weeks, which is just over nine and a half years. 

Benefits end if the other spouse passes away but not if they remarry. Children's benefits top out if the parent dies.

Learn more on the South Carolina's state website

South Dakota Workers’ Comp Death Benefits

Children and spouses are eligible for South Dakota death benefits. For a deceased worker without dependents, the state only pays the cost of burial. 

The total burial allowance is $10,000.

Families in South Dakota can be given just under 67% of the worker’s wage before the injury with a minimum weekly benefit of $403 and a maximum of $805. Children may also get $50 a month until they are 18 and a total of $2,000 each year for five or fewer years while in a college located in the States. 

There isn’t a time limit on spousal benefits in the state.

Learn more on the South Dakota's state website

Tennessee Workers’ Comp Death Benefits

Both spouses and kids are entitled to Tennessee death benefits. With no dependents, $20,000 will be added to the estate of the person who has passed away.

 The allowance for the burial in this state is $10,000.

Families will get up to $418,050 (which is 450 times the typical weekly wage of the state) with a lowest benefit of $139.35 a week and a maximum of $929. 

There is not a limit on time to receive death benefits for a spouse if the cap isn’t reached. Benefits stop when children turn 18 or 22 if they are a student.

Learn more on the Tennessee's state website

Texas Workers’ Comp Death Benefits

Spouses and descendants are qualified for Texas death benefits. There are also specific things to be aware of if there are no available dependents. “Non-dependent parents may qualify as eligible beneficiaries if there is no surviving spouse, child, or grandchild, and there are no surviving dependents who are parents, siblings, or grandparents of the dead. These benefits are limited to 104 weeks.”

Burial maximum in the state is $10,000. 

Families can also get 100% of the State Average Weekly Wage, split in half between the spouse and kids. There is no lowest benefit, but the maximum is $938 per week. No supplementary benefits are provided in Texas.

Learn more on the Texas' state website

Utah Workers’ Comp Death Benefits

In Utah, spouses and children can access death benefits. For those who have no dependents, a person who is in a supported situation may obtain benefits. 

The funeral allowance maximum in the state is $9,000.

Families in Utah can receive nearly 67% of the worker's typical weekly wage but this number cannot be more than 85% of the State's Average Weekly Wage. The lowest benefit is $45 a week while the maximum is $747 every week. 

Benefits may be rewarded for up to 312 months or extended for a wholly dependent individual.

Learn more on the Utah's state website

Vermont Workers’ Comp Death Benefits

Children and spouses are entitled to death benefits in the State of Vermont. If no dependents are available, the money can only be used on funeral and burial expenses. 

The burial allowance is up to $10,000.

Families in the state can be given nearly 72% of the dead person’s weekly wage with a top limit of $1,311 and a minimum of $437. 

There is not a limit to the time these benefits may be rewarded but they end when a spouse is qualified for Social Security, or a child is 18 years old.

Learn more on the Vermont's state website

Virginia Workers’ Comp Death Benefits

A spouse and kids are qualified for Virginia death benefits. If no dependents exist, the money may go to the parents of the deceased worker. 

The maximum amount for a burial is $10,000.

In addition, the state gives almost 67% on the maximum side of the worker’s typical weekly wage. The maximum per week is $1,082. The minimum sits at $270.50. Realistic transportation fees for the deceased can also be paid up to $1,000. Death benefits can last for 500 weeks.

Learn more on the Virginia's state website

Washington Workers’ Comp Death Benefits

Spouses and kids can receive death benefits in the State of Washington. If no dependents exist, the money may be given to grandparents, parents, grandchildren, siblings, or nephews and nieces who count on the earnings. 

The top amount allowed for burials is $10,315. 

Families can also receive up to 62% of the worker’s wage as of the injury up to a maximum of $1,443.15. The minimum amount is 15% of the average state monthly wage and $10 per week for the partner and each of up to five children. 

No specific limit on time exists in Washington for receiving death benefits.

Learn more on the Washington's state website

West Virginia Workers’ Comp Death Benefits

Children and spouses are qualified for West Virginia death benefits. In cases of no dependents, the benefits are available for funeral and medical expenses. 

The maximum amount for burial allowance is $7,0000. 

West Virginia relatives can also receive just under 67% of the typical weekly wage of the deceased worker. The maximum weekly benefit is $823.14. The lowest benefit is the same as the minimum wage. 

Benefits stop if a spouse gets remarried or dies or the kids turn 18.

Learn more on the West Virginia's state website

Wisconsin Workers’ Comp Death Benefits

Spouses and children can receive death benefits in Wisconsin. In cases with no dependents, the money may go to family members like siblings or parents. 

The total burial allowance is $10,000 in this state.

Wisconsin relatives can receive a maximum of “four multiplied by the annual wage, up to a maximum of $304,800.” This includes a weekly benefit of up to $1,016. There isn’t a weekly lowest benefit. 

However, further benefits may include a lump-sum amount equivalent to 75% of the death benefit if the departed is an emergency management personnel, state or national guard member, driving team member, rescue squad member, firefighter, correctional officer, or law enforcement officer.

Learn more on the Wisconsin's state website

Wyoming Workers’ Comp Death Benefits

In Wyoming, death benefits can go to a worker’s children and spouse. In cases of no dependents, the benefits can only be used for medical and funeral costs. 

The total burial allowance is $10,00. 

If monthly earnings are under 73% of the State Average Monthly Wage (SAWM), 92A% of the wage is paid monthly. For under that amount, the payment is 2/3 of the SAWM. Those with earnings over the SAMW will get payments of 2/3 of their actual wage. 

Spouses can get benefits for 100 months while children’s benefits are determined based on the age of majority.

Learn more on the Wyoming's state website

Navigating Workers’ Compensation Death Benefits: Understanding and Support


Having a full understanding of death benefits associated with workers’ compensation is important for employees and employers in case an accident or tragedy occurs in a workplace. This article provides the details you need about these benefits, including what differs from one state to the next. From calculations of benefits to who is eligible, different stands have their own programs and regulations related to how financial support is provided to the families of workers who have passed away.

It can be a special kind of challenge to navigate all the aspects related to workers’ compensation. However, when you know what to expect, it’s much easier to make decisions that work out in your favor and ensure you have the guidance you need in difficult moments. Being aware of the specific details of your state gives you the information you need to protect your rights and meet your obligations in the system.

This article is a comprehensive overview of the death benefits of workers’ compensation and we hope it has provided you with the resources and knowledge you need to move forward. Awareness and understanding can help you move forward and support the loved ones and family members of a person who has lost their life while on the job.

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