Workmens Compensation Survivor Benefits

Section 8. Workmens Compensation Survivor Benefits

If an employee dies from a work related injury, there are workmens compensation death benefits available. Generally, these death benefits are paid to the deceased worker's spouse and children. But state law may direct that the death benefits be paid according to the deceased worker's Last Will And Testament or the state's intestacy laws.

All states have a cap or set a maximum amount to be paid as the workers compensation death benefit. And the death benefit is usually a lump sum payment.

Also, some states have dependency benefits which are paid to the dependents of the deceased worker. State laws determine who is considered a dependent of the deceased worker, but generally the spouse and children living with the deceased worker at the time of death are deemed to be the deceased worker's dependents. The actual dependent benefits are normally based on the amount of the deceased workers wages in effect at the time of the worker's death.

This ebook is for general information only and may or may not be applicable to your situation. If you have any questions whatsoever, talk with a lawyer licensed in your state.

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