Workers’ comp death benefits provide financial assistance to surviving dependents when a worker dies due to a job-related accident or illness. These benefits are designed to replace lost income and help cover burial expenses.
In Massachusetts, eligible dependents may receive weekly payments totaling 2/3 of the deceased worker’s average weekly wage, subject to annual maximum and minimum rates. Surviving spouses, minor children, and other dependents may qualify. Even if the worker did not pass away immediately from their injuries, dependents may still be eligible for compensation.
If you are uncertain about your eligibility or need help securing the benefits you deserve, a workers’ comp lawyer can assist you in filing a claim or appealing a denial.
Who Qualifies for Workers’ Comp Death Benefits?
According to Massachusetts law, workers’ comp death benefits are available to certain surviving family members and dependents of the deceased worker. Eligibility includes:
- Surviving spouses can receive benefits unless they remarry.
- If the spouse remarries, each eligible dependent child receives $60 per week (total benefits cannot exceed the spouse’s previous amount).
- Minor children (under 18) and full-time students qualify as dependents.
If no surviving spouse is present, benefits are equally shared among dependent children or other eligible family members. Workers are covered regardless of citizenship status.
How Much Do Workers’ Comp Death Benefits Pay?
Weekly Benefits
Surviving dependents of a deceased worker are entitled to weekly compensation amounting to 2/3 (66.67%) of the worker’s average weekly wage. Massachusetts sets maximum and minimum benefit limits annually on October 1. As of October 1, 2024, the maximum weekly compensation rate is $1,829.13, while the minimum weekly benefit is $365.83. These payments ensure that families have financial support after losing their primary provider.
How To Calculate 2/3 of Weekly Pay
Add up your loved one’s total gross earnings from the 52 weeks before their injury.
Include any bonus pay and overtime earned during that period.
Divide the total by 52 to get the average weekly pay.
Multiply the result by 2/3 to determine potential weekly benefit.
Burial Expenses
In addition to wage replacement, workers’ compensation also covers funeral and burial costs, helping families manage expenses during this difficult time. The state allows coverage for burial expenses up to 8 times the average weekly wage, reducing the financial burden on surviving dependents.
Cost of Living Adjustments (COLA)
To help families keep up with rising costs, COLA is available for surviving spouses 2 years after the date of the injury or illness onset. If there is no surviving spouse, benefits are equally divided among dependent children or other qualifying dependents to ensure continued financial support.
When To Contact a Wrongful Death Lawyer
Losing a loved one due to a workplace accident or job-related illness is an unimaginable hardship, and the financial uncertainty that follows can add to the burden.
Workers’ compensation death benefits exist to provide financial security for surviving family members, but the claims process can be complex, and delays or denials are not uncommon. In certain cases, you may need to file a wrongful death lawsuit. Navigating these challenges alone can be overwhelming, which is why seeking legal guidance can help ensure you receive the full benefits you are entitled to.
You should consider consulting a lawyer if:
- You are unsure if you qualify for benefits.
- You were unaware you might be entitled to compensation.
- The amount offered is insufficient to cover your financial needs.
- A third party may have contributed to your loved one’s death (e.g., an equipment manufacturer or subcontractor).
- Your loved one’s employer acted with extreme negligence or intentional harm.
If any of these situations apply to you, our experienced workers’ comp attorneys in Boston, Cambridge, and Sharon, MA areas can help assess your case, gather the necessary evidence, and ensure all responsible parties are held accountable.
At Jim Glaser Law, we understand that no amount of compensation can replace your loved one, but securing the benefits you are potentially owed can ease financial stress and help you focus on healing.
If you need assistance filing a claim, appealing a denial, or exploring additional legal options, contact us today for a free consultation. We are here to advocate for you and your family, helping ensure your rights and future are protected.
