Workers comp death benefits pay the family of a worker killed by a job injury or illness. They replace part of the wages the family lost. They also pay part of the funeral bill.
Who can claim
The family members who lived on the worker's pay come first. Texas lists who can be paid: a spouse, minor children, children under 25 in college, dependent grandchildren and other dependents.
Parents who were not dependents may still get something. In New York, if there is no spouse or dependent, the parents or the estate may get $50,000.
You do not need to be married on paper to ask. If you depended on the worker's pay, say so in the claim and let the board sort it out.
Weekly checks for a spouse and children
Most states pay a share of the worker's weekly wage, often for years. In New York, the family gets two-thirds of the worker's average weekly wage.
Texas pays a spouse for life unless they remarry. If there are children, they split the check with the spouse, half and half. A spouse who remarries gets a lump sum of two years of benefits.
California sets a total instead. For deaths from injuries since 2006, it is $250,000 for one total dependent, $290,000 for two and $320,000 for three or more. With a dependent minor, checks go on until the youngest turns 18.
Florida caps all family checks at $150,000.
Funeral and burial costs by state
Every state pays toward the funeral. The cap depends on the state and, at times, the county.
| State | Funeral or burial cap | Applies to |
|---|---|---|
| Texas | up to $10,000 | injuries on or after September 1, 2015. |
| New York | up to $12,500 | Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk and Westchester. |
| New York | up to $10,500 | all other New York counties. |
| Florida | up to $7,500 | actual funeral costs. |
| Virginia | up to $15,000 | plus up to $1,000 to move the body. |
Keep the funeral home's bill and every receipt. In Texas, the money goes to whoever paid for the burial.
How to file for workers comp death benefits
The family files its own claim. It is separate from any claim the worker filed before the death.
In New York, file Form C-62. Death claims must be filed within two years of the death. Other states set their own dates, listed on our workers comp laws by state page.
- The death certificate and the medical records.
- Proof of the relationship, such as a marriage or birth certificate.
- The worker's pay stubs from the last year.
- The funeral bill.
When the insurer says it was not work related
Death claims get denied too. A heart attack on the job or an illness from years of exposure is often disputed. Read how to fight a denied workers comp claim.
If someone outside the company caused the death, the family may also have a wrongful death case. In Texas, that suit must be brought within two years of the death. Read about suing a third party.
People also ask
Do death benefits stop if the spouse remarries?
In many states the weekly checks stop. Texas pays a lump sum of two years of benefits when a spouse remarries.
Are death benefits taxed?
No federal income tax is owed on them. The IRS says the workers comp exemption also applies to survivors.
Can the family also sue?
Not the employer, in most states. But you may be able to sue an outside company or driver who caused the death.
What if the worker had no spouse or children?
Dependent parents, siblings or grandparents may qualify. Some states pay a set sum to parents or the estate.