Call Now 24/7 - Free Consultation! 855-866-5529

Workers’ Compensation Death Benefits

Losing a loved one to a workplace accident or a work-related illness is a devastating experience. In addition to the emotional toll, families often face financial hardships due to the sudden loss of income. Pennsylvania workers' compensation death benefits are designed to provide financial support to the dependents of workers who die as a result of work-related injuries or illnesses.

Understanding Workers' Compensation Death Benefits in Pennsylvania

Workers Compensation Death Benefits Workers' compensation is a state-mandated insurance program that provides weekly benefits to employees who suffer work-related injuries or illnesses.

The primary goal of this system is to ensure that injured workers receive prompt and fair compensation for medical expenses, lost wages, and rehabilitation costs without litigation. In return for these guaranteed benefits, employees generally forfeit the right to sue their employer for negligence, creating a balanced system that protects workers and employers.

Workers' compensation death benefits are special workers comp financial benefits provided to the dependents of a worker who has died as a result of a work-related injury or illness. These benefits are designed to offer financial support to the deceased employee's family, helping to alleviate the financial burden that comes with the loss of a primary earner.

The Purpose of Workers' Compensation Death Benefits

Workers' compensation benefits typically include coverage for medical treatment related to the injury or illness, partial wage replacement during recovery, and compensation for permanent disabilities. Workers' compensation can also offer vocational rehabilitation services to help injured employees return to work. In cases where a worker dies due to a work-related injury or illness, death benefits are provided to the surviving dependents.

The primary purpose of workers' compensation death benefits is to provide financial assistance to the surviving dependents of a deceased worker. This support is crucial in helping families manage the sudden loss of income and cover various expenses, including burial expenses, related to the worker's death.

Eligibility Criteria for Death Benefits Following a Work Accident

To qualify for workers' compensation death benefits in Pennsylvania, certain criteria must be met:

  • Work-Related Injury or Illness: The death must be directly related to a workplace injury or illness.
  • Timing of Death: The death must occur within 300 weeks (about 5.7 years) from the date of the injury or exposure to the cause of the illness.
  • Dependent Relationship: The claimant must prove their dependent relationship to the deceased worker.

Who Can Receive Workers' Death Benefits?

Pennsylvania workers' compensation law specifies who can receive death benefits. Eligible recipients include:

  • Spouse: The surviving spouse is typically the primary beneficiary. This benefit usually expires if the spouse remarries. Even if remarriage happens, the surviving spouse is still entitled to two additional years of benefits. This final settlement is usually paid in one lump sum totaling 104 weeks of compensation.
  • Dependent Children: Minor children, and in some cases, adult children who are dependent due to disability or who are full-time students in an accredited college or university can qualify for survivor benefits.
  • Parents: Dependent parents if there are no surviving spouses or children.
  • Siblings: Dependent siblings with no surviving spouse, children, or parents.

What Compensation is Available Through Workers Compensation Death Benefits?

Workers compensation death benefitsIn Pennsylvania, workers' compensation death benefits provide financial support to the dependent descendants of a worker who has died as a result of a work-related fatal injury or occupational disease. These benefits are designed to help families cope with the financial impact of losing a loved one to a work-related death. Here's an overview of the types of compensation available:

  • Funeral and Burial Expenses: The Pennsylvania Workers' Compensation Act covers reasonable funeral and burial expenses. The maximum amount allowed for these expenses is typically set by state law and can change periodically. As of the latest guidelines, the maximum reimbursement for funeral expenses and burial costs is up to $7,000.
  • Income Replacement Benefits: The primary component of workers' compensation death benefits is the income replacement provided to the deceased worker's dependents based on the employee's average weekly wage. These benefits are calculated as a percentage of the worker's average weekly wage and are distributed to eligible dependents.

The Application Process for Death Benefits in PA

Applying for death benefits involves several steps:

  • Notify the Employer of the employee's death: Inform the deceased worker's employer of the death as soon as possible.
  • Gather Documentation: Collect necessary documents such as the death certificate, medical records, and proof of dependency.
  • File a : Submit a formal claim for death benefits with the Pennsylvania Bureau of Workers' Compensation.
  • Consult an Attorney: It's advisable to seek legal assistance to ensure all paperwork is correctly completed and submitted.
  • Await Decision: The employer's workers' compensation insurance company will review the claim and decide.

What Are the Deadlines for Filing?

In Pennsylvania, the statutes of limitations for filing workers' compensation claims are as follows:

Workers' Compensation Claim:

  • Time Limit: You must notify your employer of the injury within 120 days of the date of injury.
  • Filing Deadline: A formal claim must be filed within three years of the injury.

Death Claim:

  • Time Limit: The time of death must occur within 300 weeks (about 5.7 years) of the work-related injury or illness.
  • Filing Deadline: A claim for death benefits must be filed within three years of the worker's date of death.

It's critical to adhere to these deadlines to ensure eligibility for benefits.

Are Workers' Comp Death Benefits Taxable?

No, workers' compensation death benefits are not considered taxable income. The IRS does not tax these benefits, providing financial relief without the burden of additional taxes.

The Appeal Process for Denied Claims

If your initial claim for workers' comp death benefits was denied, do not panic. Reports show that 15-25% of initial claims are denied. There is an appeals process, and an experienced workers' compensation attorney can help you through it.

The following is a general outline of the appeals process if a claim for death benefits has been denied:

  • File an : Submit an appeal to the Pennsylvania Workers' Compensation Appeal Board.
  • Request a Hearing: A hearing will be scheduled where you can present evidence and arguments.
  • Gather Evidence: Collect additional evidence to support your claim, such as witness statements or expert testimony.
  • Legal Representation: Having an attorney represent you during the appeal process is highly recommended.
  • Board Decision: The Appeal Board will review the case and decide.

When a loved one has died as a result of a work injury or illness, it can have long-lasting impacts on the family members left behind.
Workers compensation death benefitsIf you have lost a loved one in a work accident or due to a work-related illness, you might be entitled to file a claim for workers' compensation death benefits. Whether you are just starting the claims process or you have filed a claim and it was denied, you need the guidance of an experienced compensation lawyer. Call the experienced workers' compensation attorneys at Munley Law today for a free consultation.

We will fight for you as we have fought for Pennsylvania families for over 60 years. Pay nothing until we win your maximum comp insurance benefits.

Share this post:

Posted in Workers' Compensation.


PA Bar Association
top 100
Super Lawyers
Best law firms
best lawyers
top 1% of trial lawyers
Irish Legal
BBB Accreditation Badge The information contained on this website does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.
Back to Top