The Short Answer:
Massachusetts workers’ comp death benefits may be available when an employee dies because of a work-related injury or illness. A qualifying surviving spouse may generally receive weekly payments equal to 2/3 of the worker’s average weekly wage, subject to the applicable state maximum. Eligible children and other people who depended on the worker’s earnings may also qualify under different payment rules. Workers’ compensation may also cover reasonable funeral and burial expenses. The death doesn’t have to occur immediately or at the workplace, but the family must establish a connection between the worker’s employment and the death.
Key Takeaways
- Death benefits may apply after a fatal workplace accident, occupational illness, or delayed death caused by an earlier work-related injury.
- A qualifying surviving spouse may generally receive 2/3 of the worker’s average weekly wage, subject to the applicable Massachusetts maximum.
- Children and other wholly or partially dependent people may qualify, although different calculation and distribution rules can apply.
- Workers’ compensation may cover reasonable funeral and burial expenses up to 8 times the applicable state average weekly wage.
- A surviving spouse’s benefits may continue while the spouse remains dependent and unmarried.
- A family may need to file a claim with the Massachusetts Department of Industrial Accidents if the insurer denies, delays, or disputes benefits.
Table of Contents
- When Are Massachusetts Workers’ Comp Death Benefits Available?
- Who Qualifies for Massachusetts Workers’ Comp Death Benefits?
- What Benefits Can Surviving Dependents Receive?
- How to Calculate ⅔ of Weekly Pay
- How Long Do Massachusetts Workers’ Comp Death Benefits Last?
- What Happens When There Is More Than One Dependent?
- How Do You Claim Workers’ Comp Death Benefits in Massachusetts?
- Why Might a Massachusetts Workers’ Comp Death-Benefit Claim Be Disputed?
- When Should You Contact a Massachusetts Workers’ Comp Lawyer About Death Benefits?
- FAQs: Massachusetts Workers’ Comp Death Benefits
- Discuss Your Family’s Death-Benefit Claim With Jim Glaser Law
When Are Massachusetts Workers’ Comp Death Benefits Available?
Massachusetts workers’ comp death benefits may be available when a job-related injury or illness causes or contributes to an employee’s death. The employee doesn’t have to die immediately or at the workplace. Eligible dependents may still qualify if the employee dies later or somewhere else, provided medical documents and other evidence connect the death to the employee’s work.
Situations that may qualify include:
- A fatal fall, machinery accident, or work-related vehicle collision
- Fatal complications that develop after an earlier workplace injury
- Cancer or another illness linked to occupational exposure
- A preexisting condition aggravated by work to the point that it contributes to death
A family may also seek death benefits when the employee received workers’ compensation payments before dying from the related condition. Under Massachusetts General Laws Chapter 152, Section 31, eligible dependents’ death benefits begin on the date of death when weekly payments were previously made to the injured employee.
Who Qualifies for Massachusetts Workers’ Comp Death Benefits?
Not every relative of a deceased employee automatically qualifies for death benefits. Eligibility depends on the person’s relationship to the worker, living arrangements in some cases, and whether the worker provided financial support. Massachusetts law presumes that certain spouses and children were wholly dependent on the employee, while other claimants must prove full or partial dependency.
| Potential recipient | General basis for eligibility | Factors that may affect the claim |
| Surviving spouse | Meets Massachusetts’ spousal dependency requirements | Living arrangements, actual dependency, or remarriage |
| Child under 18 | Qualifying child of the deceased employee | Whether there is a surviving spouse or more than 1 dependent child |
| Older child | Qualifying full-time student or unable to earn because of a disability | Age, enrollment status, disability, or ability to earn |
| Other dependent | Relied fully or partly on the employee’s earnings | Proof of the amount and regularity of financial support |
| Next of kin | Received regular contributions for support | Whether payments were support rather than occasional gifts |
A surviving spouse may be presumed wholly dependent when the couple lived together at the time of the employee’s death. A spouse who was living separately may still qualify in certain circumstances, including when the separation was justified or resulted from desertion. When dependency is disputed, the Massachusetts Department of Industrial Accidents may need to determine whether the spouse meets the legal requirements.
A qualifying spouse may generally receive weekly benefits while remaining dependent and unmarried. Remarriage ends the spouse’s weekly payments. If eligible children remain, each child may then receive $60 per week, although their combined payments cannot exceed the amount previously payable to the spouse.
A deceased employee’s children may qualify if they are:
- Under 18
- Over 18 and qualifying full-time students
- Over 18 and unable to earn because of a physical or mental disability
- Children from a former spouse or marriage who meet the applicable dependency requirements
A child’s eligibility doesn’t necessarily end at 18, but being enrolled in school doesn’t automatically guarantee continued benefits. The child must meet the applicable full-time student and dependency requirements.
When the employee leaves both a surviving spouse and dependent children from a former marriage, Massachusetts law may require the benefit to be divided among them.
Someone other than a spouse or child may qualify if they relied on the employee’s earnings for support at the time of the injury or death. This may include another family member or next of kin whom the employee supported regularly.
These claimants generally must provide evidence of dependency, which could include:
- Bank statements or money-transfer records
- Shared household expenses
- Rent, utility, grocery, or medical payments
- Tax returns showing the person as a dependent
- Testimony or other records showing regular financial contributions
Occasional gifts generally don’t establish dependency. When a person was only partially dependent on the worker, weekly benefits may be based on the amount of support the employee actually provided rather than 2/3 of the employee’s average weekly wage.
M.G.L. Chapter 152, Section 32 identifies the spouses and children who are presumed wholly dependent. The payment rules for spouses, children, and other dependents appear in M.G.L. Chapter 152, Section 31.
Remember: Immigration status doesn’t determine workers’ comp coverage. An employee doesn’t have to be a U.S. citizen for eligible dependents to seek death benefits. Coverage may apply even if the worker was undocumented or paid in cash. However, the family may need records or testimony proving that the person was an employee.
What Benefits Can Surviving Dependents Receive?
Massachusetts workers’ compensation can provide more than one type of financial assistance after a work-related death. The benefits available depend on the deceased employee’s wages, the recipient’s relationship to the employee, and how long the recipient remains eligible.
- Weekly survivor benefits: Ongoing payments that replace a portion of the income the deceased employee provided.
- Funeral and burial expenses: Payment of reasonable costs, subject to the limit established by Massachusetts law.
- Cost-of-living adjustments: Annual increases that may become available to qualifying long-term recipients.
Weekly Survivor Benefits
A qualifying surviving spouse generally receives 2/3, or approximately 66.67%, of the deceased employee’s average weekly wage. However, the payment cannot exceed the Massachusetts state average weekly wage applicable to the claim.
The rate in effect when the family files the claim doesn’t necessarily control the payment. Depending on the circumstances, the applicable maximum may be based on the employee’s injury date or death date. This distinction matters when an employee lives with a work-related injury or illness for months or years before dying.
As of October 1, 2025, the Massachusetts state average weekly wage—and maximum weekly compensation rate—is $1,922.48. There is also a minimum rate of $384.50. Massachusetts updates those figures every October 1. Families can review rates from different years in the Massachusetts DIA compensation rate table.
The 2/3 calculation doesn’t apply identically to every recipient. Other wholly or partially dependent people may receive an amount based on the financial support the employee regularly provided. Payments may also need to be divided when more than one spouse, child, or other dependent qualifies.
A family’s current expenses don’t determine the weekly payment. The insurer calculates benefits under the formulas and limits established by state law. M.G.L. Chapter 152, Section 31 provides the principal payment rules for surviving spouses, children, and other dependents.
Minimum benefit note: The general minimum rate listed in Massachusetts’ annual compensation table shouldn’t be treated as the universal minimum death benefit. Section 31 provides a minimum of $110 per week for a qualifying surviving spouse, while different rules may apply to children and other dependents.
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 the potential weekly benefit.
Estimating the Worker’s Average Weekly Wage
The calculation shown above provides a helpful starting estimate, but the insurer may not always use exactly 52 weeks of earnings. The worker’s average weekly wage can depend on how long they held the job, whether their work was regular or seasonal, and which forms of compensation qualify as earnings.
Overtime, bonuses, and other compensation may need to be included. If the employee worked for the employer for less than 52 weeks or had an irregular schedule, Massachusetts law may require a different calculation method. Wage records should therefore be reviewed by an attorney before the family accepts the insurer’s figure.
Learn more about the earnings and benefit limits that can affect how much Massachusetts workers’ comp pays.
Massachusetts Death-Benefit Calculation Example
Suppose the deceased worker’s average weekly wage was $1,200:
- Average weekly wage: $1,200
- 2/3 of $1,200: $800
- Estimated surviving-spouse benefit: $800 per week
This example assumes that the surviving spouse qualifies and that no other payment or distribution rule changes the calculation. If 2/3 of the worker’s average weekly wage exceeds the Massachusetts maximum applicable to the claim, the weekly benefit is generally capped at that maximum.
Funeral and Burial Expenses
When an employee dies because of a work-related injury or illness, the workers’ compensation insurer must pay reasonable funeral and burial expenses. Under M.G.L. Chapter 152, Section 33, payment is limited to 8 times the state average weekly wage.
Using the $1,922.48 state average weekly wage effective October 1, 2025, the calculation would be:
$1,922.48 × 8 = $15,379.84
That amount is an example for deaths governed by the October 1, 2025 rate. The applicable limit depends on the state average weekly wage in effect at the time of death, so an older or later claim may have a different maximum.
The insurer pays reasonable documented expenses rather than automatically issuing the maximum amount. Families should preserve:
- Funeral-home contracts and invoices
- Burial or cremation receipts
- Cemetery and grave-opening charges
- Proof of payment
- Correspondence from the insurer concerning covered expenses
Cost-of-Living Adjustments
A qualifying surviving spouse may become eligible for an annual cost-of-living adjustment 2 years after the date of the worker’s injury or illness. The adjustment is intended to account for changes in statewide wages during a long-term claim.
A COLA doesn’t recalculate the employee’s original average weekly wage or start the benefit calculation over each year. The amount can depend on the date of injury and the annual adjustment schedule issued by Massachusetts.
How Long Do Massachusetts Workers’ Comp Death Benefits Last?
Massachusetts workers’ comp death benefits don’t have one duration that applies to every recipient. How long payments continue depends on whether the recipient is a spouse, child, or other dependent, as well as the recipient’s age, dependency, student status, ability to earn, and marital status. A change in any of these circumstances can affect continued eligibility or how the benefits are distributed.
Benefits for a Surviving Spouse
A qualifying surviving spouse may generally receive weekly death benefits while remaining dependent and unmarried. The insurer may seek a review if it believes the spouse is no longer dependent or another change has affected eligibility.
Reaching a particular age doesn’t automatically end a surviving spouse’s benefits. However, Massachusetts imposes an overall payment limit, and remarriage generally ends the spouse’s right to weekly payments.
Benefits for Children
A child generally remains eligible while under 18. Benefits may continue after 18 when the child is:
- A qualifying full-time student
- Unable to earn because of a physical or mental disability
Eligibility after 18 isn’t automatic. Continued payments can depend on the child’s enrollment, ability to earn, and dependency status. The distribution of benefits may also change when a surviving spouse dies, remarries, or otherwise stops qualifying.
What Happens If a Surviving Spouse Remarries?
When a surviving spouse remarries, the spouse’s weekly death benefits generally end. If qualifying dependent children remain, the insurer must pay each eligible child $60 per week. The children’s combined payments cannot exceed the amount that would have remained payable to the surviving spouse.
This rule does not guarantee payments to every child indefinitely. Each child must continue meeting the applicable age, student, disability, and dependency requirements.
Massachusetts’ Overall Payment Limit
Under M.G.L. Chapter 152, Section 31, total death-benefit payments are generally limited to 250 times the Massachusetts state average weekly wage applicable at the time of the injury, plus qualifying cost-of-living increases.
That overall limit doesn’t mean every recipient’s payments end on the same date. Massachusetts law provides exceptions that may allow benefits to continue for:
- A dependent child who hasn’t reached 18
- An unmarried dependent spouse who isn’t fully self-supporting
- An adult child who can’t earn because of a physical or mental disability and isn’t fully self-supporting
Because both the general limit and the exceptions can apply, the duration of a family’s benefits must be determined from the recipient’s circumstances rather than a single fixed number of weeks or years.
An attorney from our office can help you determine which benefits are available, who may claim them, and their duration.
What Happens When There Is More Than One Dependent?
When more than one person qualifies for Massachusetts workers’ comp death benefits, the insurer may divide the available payment rather than pay the full amount to one recipient. The distribution depends on the family structure, each person’s dependency status, and the amount of support the deceased employee provided.
Factors that may affect the division include:
- Whether there is a qualifying surviving spouse
- The number of dependent children
- Whether the employee had children from a former marriage
- Whether other people were wholly or partially dependent
- The amount of financial support each dependent received
- Whether one recipient stops qualifying before the others
Surviving Spouse and Children From a Former Marriage
If the deceased employee leaves a surviving spouse and dependent children from a former marriage, Massachusetts law divides the death benefit into equal shares among the spouse and those children. The surviving spouse receives the same share as one child.
For example, if a surviving spouse and 2 qualifying children from a former marriage receive the benefit, the available payment would generally be divided into 3 equal shares. This division affects how the benefit is distributed; it doesn’t increase the total amount available.
No Surviving Spouse
If there is no surviving spouse, or the spouse later dies, qualifying children may receive the amounts that would otherwise have been payable to the spouse and children. Those benefits are generally divided equally among the eligible children.
This rule doesn’t mean every surviving relative receives an equal share. Parents, siblings, and other family members must establish that they qualify as dependents before they can receive benefits.
Wholly or Partially Dependent Family Members
Payments to other dependents may be based on the financial support the employee actually provided. Massachusetts law distinguishes between people who relied entirely on the employee’s earnings and those who received only part of their support from the employee.
The insurer may consider:
- The amount and frequency of the employee’s contributions
- Whether the claimant was wholly or partially dependent
- Whether the payments were ongoing support rather than occasional gifts
- The total statutory amount available to all qualifying dependents
The combined benefits cannot exceed the applicable maximum established by Massachusetts law.
The division of benefits can change over time. The insurer may need to redistribute payments when a spouse remarries, a child reaches adulthood, a student leaves school, or another recipient no longer qualifies.
How Do You Claim Workers’ Comp Death Benefits in Massachusetts?
The insurer may begin paying death benefits voluntarily if it accepts that the employee’s death resulted from a work-related injury or illness. If the insurer doesn’t pay, denies part of the claim, or disputes who qualifies, a surviving dependent may need to file with the Massachusetts Department of Industrial Accidents.
1. Report the Death and Its Connection to the Worker’s Job
The surviving family should notify the employee’s:
- Employer
- Workers’ compensation insurer
- Union representative or other appropriate workplace representative, if applicable
The notice should identify the original accident, injury, illness, or occupational exposure and explain why the death is believed to be work-related. Families should provide notice in writing when possible and retain a copy of everything submitted.
2. Identify the Workers’ Compensation Insurer
The family will need the name and contact information of the employer’s workers’ compensation insurer. This information may appear on workplace notices, earlier claim documents, insurance correspondence, or records from benefits the employee received before death.
If the employer will not provide the information, the family can use Massachusetts’ workers’ compensation insurance lookup. A search that produces no result doesn’t always mean the employer lacked coverage; the policy could be listed under another business name, a self-insurance arrangement, or an older record.
3. Gather Supporting Documents
The documents needed will depend on what the insurer disputes, but a death-benefit claim may require:
- The employee’s death certificate
- Medical records connecting the death to the workplace injury, illness, or exposure
- Autopsy or medical examiner records, when applicable
- The original accident, injury, or occupational-illness reports
- Correspondence with the employer and insurer
- Wage statements, tax forms, and other earnings records
- A marriage certificate for a surviving spouse
- Birth certificates for dependent children
- School-enrollment records for a child over 18
- Medical or disability records for a child unable to earn
- Bank statements, tax records, or other proof of financial dependency
- Funeral and burial contracts, invoices, receipts, and proof of payment
Families should keep the original documents and provide copies unless an agency or insurer specifically requests an original.
4. Request Weekly and Burial Benefits
The family should identify each benefit being requested and every person seeking payments. A request for weekly survivor benefits doesn’t automatically document the family’s funeral and burial expenses, so those costs should be submitted separately with supporting invoices and receipts.
If multiple people may qualify, the insurer may also require documents establishing their relationships to the employee and the amount of financial support each person received.
5. File With the Massachusetts Department of Industrial Accidents If Necessary
A dependent may need to file a claim with the DIA when:
- The insurer denies that the death was work-related.
- The insurer refuses to pay weekly or burial benefits.
- The employer fails to report the fatal injury or illness.
- The insurer disputes dependency or the division of benefits.
- The parties disagree about the worker’s wages or benefit calculation.
- The insurer delays making a decision or payment.
Massachusetts’ official claim-filing guidance identifies the information and supporting records a dependent may need, including the date of death. Families can also review the complete process for filing a workers’ comp claim in Massachusetts.
If the insurer delays payment, denies the claim, or disputes who qualifies for benefits, your family doesn’t have to handle the process alone. Jimmy Knows!® what insurers and the DIA may look for in a death-benefit claim. Our team can review your situation, explain your options, and help you determine the next step.
Why Might a Massachusetts Workers’ Comp Death-Benefit Claim Be Disputed?
An insurer may dispute a death-benefit claim because it questions the connection between the employee’s work and death, the worker’s employment status, a claimant’s dependency, or the amount and distribution of benefits.
The insurer may accept that the employee experienced a workplace injury or exposure but deny that it caused the death. It might argue that:
- The death resulted from an unrelated medical condition.
- The employee had recovered from the original work injury.
- The workplace exposure did not cause or contribute to the fatal illness.
- A preexisting condition or another medical issue was the sole cause of death.
Medical records, physician opinions, autopsy findings, and evidence documenting the original work-related condition may help establish the required connection.
Death benefits generally depend on the deceased person being a covered employee. The insurer or employer may claim the person was:
- An independent contractor
- Self-employed without workers’ compensation coverage
- Employed by another company
- Acting outside the course of their employment when the fatal incident occurred
The job title or classification assigned by an employer doesn’t always settle employment status. Work arrangements, payment records, contracts, and the employer’s control over the person’s work may become relevant.
The insurer may agree that the death was work-related but dispute whether a particular claimant qualifies for benefits. Questions may involve:
- Whether a separated spouse meets the dependency requirements
- Whether a child over 18 remains eligible
- Whether a relative actually relied on the employee’s earnings
- Whether financial contributions were regular support or occasional gifts
Marriage, birth, school, disability, tax, banking, and household-expense records may be needed to establish eligibility.
Because weekly survivor benefits are tied to the employee’s earnings, incomplete or inaccurate wage information can reduce the payment. Disputes may involve:
- Missing overtime or bonuses
- Incomplete payroll records
- Seasonal or irregular employment
- Use of the wrong number of weeks
- Failure to include qualifying earnings
- Application of the wrong Massachusetts maximum rate
Families should compare the insurer’s calculation with the worker’s pay stubs, tax documents, employment records, and other proof of earnings.
When a spouse, children, or other dependents qualify, the parties may disagree about how the available benefit should be divided. A dispute can also arise when one person’s eligibility ends and the remaining payments must be redistributed.
A dispute or denial does not necessarily end the family’s claim. Learn more about the reasons a workers’ comp claim may be denied and how to appeal a denied Massachusetts workers’ comp claim.
When Should You Contact a Massachusetts Workers’ Comp Lawyer About Death Benefits?
No financial benefit can replace a loved one, but workers’ compensation may help address the income and expenses affected by a work-related death. A Massachusetts workers’ comp lawyer can determine which benefits may be available, review the insurer’s calculations, and help the family respond to a delay or dispute.
Consider speaking with a lawyer if:
- The insurer denies that the employee’s work caused or contributed to the death.
- The employee died from complications that developed after the original workplace injury.
- The claim involves an occupational illness or long-term exposure.
- The employer or insurer disputes whether the deceased person was a covered employee.
- The family can’t identify the employer’s workers’ compensation insurer.
- Overtime, bonuses, or other qualifying earnings may be missing from the average weekly wage.
- The insurer applied the wrong Massachusetts maximum rate.
- More than one spouse, child, or other dependent may qualify.
- A spouse’s, child’s, or relative’s dependency status is disputed.
- Reasonable funeral or burial expenses haven’t been paid.
- The insurer has delayed payment or offered less than the applicable law may require.
A lawyer can also help gather medical, wage, dependency, and expense records; identify every benefit being requested; and represent the family before the Massachusetts Department of Industrial Accidents if the claim is contested.
Workers’ compensation generally provides benefits through the employer’s insurance coverage. If a separate person or business contributed to the fatal incident—such as an equipment manufacturer, property owner, driver, or subcontractor—the family may also need to determine whether a third-party wrongful death claim is available. That would be a separate claim from workers’ comp death benefits.
FAQs: Massachusetts Workers’ Comp Death Benefits
An unmarried partner doesn’t automatically receive the dependency presumption available to a qualifying spouse. To receive benefits, the partner would need to satisfy Massachusetts’ statutory definition of a dependent, which can involve both the relationship to the employee and the financial support the employee provided.
Financial dependence alone may not establish eligibility in every case. An unmarried partner facing this situation should have the relationship, household arrangements, and support records reviewed before assuming they qualify or are excluded.
Possibly. A parent, sibling, or other relative may qualify by proving that they were wholly or partially dependent on the worker’s earnings or regularly received contributions for support.
A family relationship by itself doesn’t guarantee benefits. Evidence may include bank transfers, shared household expenses, tax records, or proof that the employee regularly paid for the relative’s housing, food, medical care, or other needs.
Workers’ compensation death benefits are generally exempt from federal income tax when paid under a workers’ compensation law because of an occupational injury or illness. The IRS states that this exemption can extend to survivors’ benefits that continue workers’ compensation payments.
Other income a family receives after the worker’s death may be treated differently. Families should consult a tax professional about their specific benefits and financial circumstances.
A family may potentially qualify for both because the programs have separate eligibility rules. Workers’ comp death benefits are based on a work-related death and dependency under Massachusetts law, while Social Security survivor benefits are generally based on the deceased worker’s Social Security earnings record and the survivor’s relationship, age, disability, or caregiving circumstances.
Receiving workers’ comp death benefits doesn’t prevent a family from applying for Social Security survivor benefits, but Social Security family maximums and other benefit-coordination rules may affect what an individual household receives. It’s important to consult with a lawyer to understand how to navigate the complexities of these dual benefits.
Lack of insurance doesn’t necessarily prevent the family from receiving workers’ compensation death benefits. A qualifying claimant may be able to seek payment from the Massachusetts Workers’ Compensation Trust Fund.
Claims against the Trust Fund require additional forms and proof that the employer lacked coverage. Families should contact a workers’ comp lawyer promptly.
Possibly. A separate third-party claim may be available if someone other than the employer contributed to the fatal incident. Potential third parties can include a negligent driver, property owner, subcontractor, or manufacturer of defective equipment.
A third-party claim is separate from a workers’ comp death-benefit claim and follows different rules. Families can learn more about these cases with a free consultation from Jim Glaser Law.
Discuss Your Family’s Death-Benefit Claim With Jim Glaser Law
If your loved one died because of a job-related injury or illness, Jim Glaser Law can review whether surviving family members may qualify for weekly benefits and funeral or burial expenses. The firm can also help address disputes involving the cause of death, dependency, the worker’s average weekly wage, or the division of benefits among multiple recipients.
Attorney Jim Glaser has practiced law since 1995. Jimmy Knows!® how Massachusetts workers’ compensation insurers evaluate death-benefit claims and can help your family prepare a claim or respond to a delay or denial.
Jim Glaser Law assists families in Boston, Cambridge, Sharon, and throughout Massachusetts. Request a free case review to discuss the benefits that may be available to your family.
