If an employee dies in an accidental work injury, the employee's family—including spouse, children, and in some cases parents or grandparents—may be eligible for compensation.

If the employee leaves a widow or widower, that survivor is eligible to receive $500,000 or twenty-five years—whichever is greater—of the deceased employee's pay at a rate of sixty-six and two-thirds percent of the employee’s average weekly wage. If the couple had children, benefits continue until the youngest child turns eighteen. The later of the two events—either the death of the widow/widower or the youngest child reaching eighteen—will apply.

If the deceased employee’s child enrolls full time in an accredited educational institution, compensation will continue until that child reaches age twenty-five. If the child becomes incapacitated during this period, benefits continue for the duration of the incapacitation.

If the employee’s spouse remarries and the couple had no children, the surviving spouse receives a lump sum of two years’ pay, and compensation then ceases.

If there is no surviving spouse, the deceased employee’s parents or grandparents may be eligible for compensation. If the parents were totally dependent on the employee’s income, benefits continue for life, subject to the same $500,000 or twenty-five-year minimum. If the parents were only partially dependent, compensation is paid in proportion to their dependency.

If there are no surviving spouse, children, or parents, dependent grandparents or grandchildren who relied on the employee for at least fifty percent of their income may receive compensation for five years, in proportion to their dependency. If a beneficiary dies, their share is divided equally among the remaining beneficiaries. Benefits end when the last beneficiary dies.

Compensation is calculated by dividing the employee’s total earnings during the fifty-two weeks before their last full day of work by fifty-two. If the employee missed five or more calendar days during that period, the rate is adjusted by dividing the earnings by the actual number of weeks worked.

This is a general summary and does not cover every situation. Exceptions and alternative rules may apply. If a loved one has died due to a work-related injury, it is important to get legal advice specific to your circumstances.

Harter & Schottland can help. Call (847) 546-0022 for assistance with survivor benefits following a workplace death.