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F r e q u e n t l y A s k e d Q u e s t i o n s
1. Who is entitled to survivors' benefits?
If the injury or disease results in the death of the employee, full benefits are paid to the spouse and/ or children. Benefits are paid to children until age 18; or until age 25 if a full-time student; or, if physically or mentally incapacitated, for the duration of the incapacity.
If there is no eligible spouse or child, the benefits will be paid to totally dependent parents. If the spouse remarries and there are no children at the time of remarriage who are entitled to benefits, the spouse is entitled to a final lump sum payment equal to two years of compensation. All rights to further benefits are extinguished.
In cases where there is no eligible spouse, child or totally dependent parent, benefits may be paid to other survivors, such as partially dependent children, parents, grandparents, grandchildren or other heirs who were at least 50% dependent on the employee. The benefit for such individuals will depend on the degree of their dependency.
2. How is the amount of the survivors' benefit determined
The benefit is two-thirds (66 2/ 3%) of the employee's gross average weekly wage. The average is based on the employee's wages during the year before the injury or exposure, subject to certain limits. In addition, beneficiaries who have been awarded a survivors' benefit are entitled to payments from the Rate Adjustment Fund in the same manner as those awarded permanent and total disability benefits.
3. What is the minimum survivors' benefit?
Subject to reductions for partially dependent individuals, the weekly benefit cannot be less than 50% of the statewide average weekly wage.
4. What is the maximum survivors' benefit?
The maximum benefit can be no more than 133 1/ 3% of the statewide average weekly wage at the time of the injury or last exposure
5. Is there a limit to the total amount payable for a survivors' benefit?
Yes. The survivors' benefit is limited to 20 years of weekly benefits or $250,000, whichever is more. |
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