Workers’ Comp Death and Funeral Benefits for Families

Understanding Your Legal Rights After a Work-Related Death

Losing a loved one is one of the hardest experiences a family can go through—especially when that loss happens because of a job-related injury or illness. During this difficult time, families often face emotional pain as well as financial stress. Fortunately, workers’ compensation can provide important help in the form of workers’ comp death benefits and workers’ comp funeral benefits.

This page explains what these benefits are, who qualifies for them, how they are paid, and how a workers’ compensation attorney can help your family receive the support you deserve.

What Are Workers’ Comp Death Benefits?

Workers’ comp death benefits are payments made to the dependents of a worker who dies as a result of a job-related accident or illness. These benefits are meant to replace part of the income the worker would have provided to their family.

These benefits are usually paid weekly or bi-weekly and are based on a percentage of the worker’s average wage before the injury or illness. The amount and duration of these benefits depend on the state where the worker lived and worked, but they typically equal about two-thirds of the worker’s average weekly wage

Who Can Receive Workers’ Comp Death Benefits?

Only certain family members are eligible to receive workers’ comp death benefits, and they must usually show that they depended on the worker for financial support.

Common eligible dependents include:

• The surviving spouse
• Children under 18
• Children under 25 who are full-time students
• Children of any age who are physically or mentally disabled

In some cases, other family members such as parents, siblings, or grandchildren may also qualify if they were financially dependent on the worker. Eligibility requirements can vary by state, so it’s important to speak with a workers’ comp attorney in your area for specific guidance.

What Is the Duration of Workers’ Comp Death Benefits?

The length of time that workers’ comp death benefits are paid depends on the relationship between the deceased worker and the dependent, as well as the state laws where the claim is filed.

Here are some general guidelines:

• Spouse – In many states, benefits for a surviving spouse continue until they remarry or for life.
• Children – Benefits for minor children typically last until age 18. They may extend to age 25 if the child is enrolled in school full time.
• Disabled Children – Benefits may continue for the life of the child if they are permanently disabled and unable to work.

What Are Workers’ Comp Funeral Benefits

In addition to death benefits, most state workers’ compensation systems provide workers’ comp funeral benefits to help cover the cost of burial and funeral services. These benefits are intended to ease the financial burden of funeral expenses on grieving families.

The amount provided for funeral benefits varies by state. On average, states offer between $3,000 and $10,000 for funeral and burial costs. This amount may be paid directly to the family or to the funeral home.

Covered expenses for funerals may include:

• Funeral service costs
• Cremation or burial
• Transportation of the deceased
• Casket or urn
• Headstone or grave marker

To receive workers’ comp funeral benefits, the family must usually submit receipts or bills to the insurance company that provides workers’ compensation coverage.

What Must Be Proven to Receive Benefits?

To receive either workers’ comp death benefits or workers’ comp funeral benefits, the family must prove that:

• The worker died as a result of a job-related injury or illness.
• The worker was covered by workers’ compensation insurance.
• The surviving family member is legally a dependent of the deceased worker.

If the death occurred immediately after a workplace accident, the link to employment is usually clear. However, if the death happened weeks or months later, or from a disease caused by work (like cancer or respiratory illness), proving the connection may be more complicated. In these cases, medical records and expert testimony may be needed to show the cause of death was related to the worker’s job.

What If the Insurance Company Denies the Claim?

Sadly, not every workers’ comp claim is accepted right away. Insurance companies may deny claims for a number of reasons, including:

• They claim the injury or illness was not work-related.
• They say the worker was not covered by workers’ comp.
• They question whether the family members are legal dependents.

If your claim is denied, you have the right to file an appeal. This process usually involves submitting more evidence, attending a hearing, and possibly going through a mediation or trial. An experienced workers’ compensation attorney can guide you through the process and help fight for the benefits your family deserves.

How to Apply for Workers’ Comp Death and Funeral Benefits

The process to apply for workers’ comp death benefits and funeral benefits generally includes the following steps:

• Notify the Employer – Report the worker’s death to the employer as soon as possible. Most states have strict deadlines.
• Submit a Claim – File a formal claim for death benefits with the state’s workers’ compensation board or the employer’s insurance provider.
• Gather Documentation – Collect important documents, such as the death certificate, proof of employment, medical records, and any bills for funeral expenses.
• Wait for a Decision – The insurance provider will review the claim and determine whether benefits will be paid.
• Appeal if Necessary – If your claim is denied or delayed, you can file an appeal with help from a lawyer.

Why You Should Hire a Workers’ Comp Attorney

A workers’ compensation attorney can provide valuable support to grieving families. An attorney understands the law and knows how to deal with insurance companies that may try to deny or reduce benefits. With legal help, you have a better chance of receiving the full amount of workers’ comp death benefits and workers’ comp funeral benefits allowed under the law.

A knowledgeable workers’ comp attorney will:

• Help you file your claim correctly
• Collect and present needed evidence
• Negotiate with the insurance company
• Represent you during appeals or hearings

Most workers’ compensation lawyers work on a contingency fee basis, which means you do not pay legal fees unless you win your case.

Call The Mann Law Firm Today To Discuss Your Workers’ Comp Death And Funeral Benefits

David Mann has been helping clients secure workers’ comp death and funeral benefits for over 30 years.  He knows the tactics insurance companies use to deny claims.  David understands the stress you are going through.  Call us today at (478) 742-3381 for a free consultation.