Skilled, Compassionate and
Dedicated Representation
for Every Client
Dedicated Representation
for Every Client
Surviving Spouse (Death) Benefits
SECTION 31/DEATH BENEFITS
If an employee is killed at work or dies from a job injury, his or her survivors/dependents are entitled to weekly death benefits. The benefit to a spouse is two-thirds (66.67%) of the deceased employee’s average weekly wage up to the present weekly maximum rate. The minimum weekly death benefit is three hundred and fifty-three dollars and seven cents ($353.07). After two years of death benefits, cost of living increases are available. It should also be noted that burial expenses are covered up to $14,123.04. If there is no surviving spouse, the minor children or other dependents equally share the compensation benefits. A surviving spouse can receive initial benefits for 250 weeks. To qualify for benefits beyond 250 weeks, the spouse must prove to the insurer or the Department of Industrial Accidents that they are not fully self-supporting.