Workers' Compensation Death Benefits

When a worker dies as a result of a job-related injury or occupational illness, their surviving family members may be entitled to workers' compensation death benefits — financial support to help offset the loss of the worker's income. These benefits are governed by state law, so the rules vary significantly depending on where the worker was employed.

Workers' compensation laws vary by state. This guide covers general principles. Consult a workers' compensation attorney in your state for specific guidance.

What Are Workers' Compensation Death Benefits?

Workers' compensation death benefits are payments made to eligible survivors of a worker who died from:

• A work-related injury (on-the-job accident, work-related violence)
• An occupational disease or illness (e.g., mesothelioma from asbestos exposure, respiratory illness from workplace chemicals)

Benefits typically include:

• Wage replacement (survivor benefits) — ongoing payments to the surviving spouse and/or children, typically a percentage of the worker's wages
• Burial expense reimbursement — most states provide reimbursement for funeral and burial costs, typically $5,000–$15,000

Who Is Eligible?

Eligibility for death benefits depends on being a "dependent" of the deceased worker. Typically eligible:

• Surviving spouse (in most states, regardless of whether they were financially dependent)
• Children under a certain age (usually 18, or 23 if in school)
• Disabled children of any age

Some states also extend benefits to:

• Parents or siblings who were financially dependent on the worker
• Domestic partners (in states that recognize them for workers' comp purposes)

How Much Are the Benefits?

Benefit amounts vary by state but are typically:

• A percentage of the worker's average weekly wage — commonly 66.67% (two-thirds)
• Subject to a state-specific maximum weekly benefit amount
• Paid until the surviving spouse remarries or the children age out, depending on state rules

Some states provide a lump-sum payment rather than ongoing weekly payments.

How to File a Workers' Compensation Death Claim

1. Notify the employer of the work-related death, if this hasn't already been done by authorities
2. File a claim with the state workers' compensation board — each state has its own agency and forms. Search "[your state] workers' compensation death benefits claim" to find your state's process.
3. Provide documentation:
   • Death certificate
   • Evidence that the death was work-related (accident reports, medical records, physician statements)
   • Proof of relationship (marriage certificate, birth certificates)
   • The worker's earnings records
4. File within the deadline. States have filing deadlines — often 1 to 3 years from the date of death or date you knew/should have known the death was work-related. Missing the deadline can permanently bar your claim.

If the Employer or Insurer Disputes the Claim

Workers' compensation insurers sometimes dispute claims, particularly for occupational diseases where the connection to work is not immediately obvious. If your claim is disputed, consult a workers' compensation attorney — most work on contingency (no fee unless you recover benefits). Many state workers' compensation boards also have ombudsperson programs to assist unrepresented claimants.

Coordination with Other Benefits

Workers' compensation death benefits can generally be received alongside Social Security survivor benefits. However, receiving both may trigger an offset — the Social Security survivor benefit may be reduced if combined workers' comp and Social Security payments exceed a certain threshold. This is complex and worth discussing with a benefits specialist.

For the full overview of all survivor benefits available, see our complete guide to applying for survivor benefits. For Social Security specifically, see our article on Social Security survivor benefits.