Missouri Department of Labor and Industrial Relations |
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| Division of Workers' Compensation |
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Upon the death of a worker who has suffered a compensable work injury, certain surviving individuals may become entitled to benefits. The following contains information about the types of benefits available and how to receive them. Survivors or successors can claim a benefit after the death of a worker:
Available Benefits
When the employee dies from a cause unrelated to the work injury, the survivors are generally entitled to whatever accrued benefits the deceased worker was entitled. In most cases, this would be a modest lump-sum payment for permanent partial disability.
In January 2007, the Missouri Supreme Court ruled that, in certain circumstances, survivors of a deceased employee eligible for weekly benefit payments for permanent total disability could continue to receive those weekly payments after the employee’s death. In 2008, the Missouri Workers’ Compensation Law was changed to eliminate this benefit. That law went into effect August 28, 2008.
Cases involving the death of an employee from a cause unrelated to the work injury can contain very complicated legal issues, and it is usually beneficial to have the assistance of an attorney in such cases.
****** When the employee dies as a result of the work-related accident (or occupational disease), the survivors (usually a surviving spouse and/or surviving dependent children) are entitled to weekly benefits from the employer/insurer. The employer/insurer is also responsible for paying the deceased employee’s final medical expenses, as well as funeral expenses of up to $5,000.00. The weekly death benefit is paid at 66 2/3% of the deceased employee’s average weekly wage for the year immediately preceding the fatal accident, subject to a maximum set by law.
The Payors
The deceased employee’s employer and its workers’ compensation insurer are responsible for the payment of the benefits.
When the employer does not have workers’ compensation insurance, and the employee died as a result of a work-related accident (or occupational disease), the Second Injury Fund is responsible for payment of the benefits.
The Recipients
Generally, those persons entitled to benefits are those persons described as “total dependents” in the law. “Total dependents” include a surviving spouse, as well as dependent children under the age of eighteen. There are provisions for continuation of benefits to a dependent child after the age of eighteen if the child is a full-time student, on active military duty, or is incapacitated from wage earning.
If there is more than one “total dependent”, the total dependents share the weekly benefit. When one total dependent is no longer eligible for benefits, the weekly benefit is not reduced, but the remaining dependents’ shares are adjusted.
Duration of Benefits
A surviving spouse is entitled to a weekly benefit (or a share of a weekly benefit) for his or her lifetime, or until he or she remarries. Upon remarriage, the surviving spouse will also receive a lump sum equal to two years of benefits.
A dependent child receives benefits until age eighteen, unless a full-time student, in which case the benefits continue until age 22 or until no longer a full-time student, whichever first occurs. If the dependent child is physically or mentally incapacitated from wage earning, the weekly benefit (or a share of the weekly benefit) may continue for life, unless and until he or she is no longer incapacitated. If someone other than a surviving spouse or dependent child was partially dependent on the deceased employee, a claim may be made for partial dependency, but only if there are no total dependents. If there is at least one total dependent, there can be no claim made for partial dependency.
Although weekly benefits are the normal and preferred method of payment when the employee dies as a result of the work-related accident, the law does allow lump sum settlements in certain limited situations.
How to Claim Survivors’ Benefits
Often the employer of the deceased employee or the employer’s workers’ compensation insurance company will contact the family and begin paying benefits. If this has not happened, and you believe you are entitled to survivors’ benefits, contact the employer and the insurance company. You can also contact the Dispute Management Unit of the Division of Workers’ Compensation, by calling 1-800-775-2667.
In most cases, the survivor(s) should also file a Claim for Compensation with the Division of Workers’ Compensation. It may be advisable to consult an attorney before filing a claim.
Potential Problems with Benefits
A claim involving the death of an employee is subject to the same rules as cases resulting in non-fatal injuries. The employer must be subject to the workers’ compensation law. The accident (or occupational disease) that caused the death must be compensable under the law. Penalties for safety violations or for use of alcohol or drugs may be in issue. There may be disputes as to the employee’s average weekly wage. There may be competing claims of dependency. These issues may need to be resolved by an evidentiary hearing (trial) before an administrative law judge. In any such situation, you should consult with an attorney.
Compensation Benefits for Certain Emergency Personnel Killed in the Line of Duty
Kids' Chance of Missouri Kids' Chance of Missouri is an organization that provides educational scholarships to children of workers seriously injured or killed in work-related accidents. The loss of a primary wage earner in the family may result in inadequate funds available for dependents to attain higher education goals and may lower the child's life earning capacity. From the Kids' Chance Scholarship Fund, scholarships based upon need enable children who may not otherwise attain further training to gain improved skills and education and improved career paths. For information about Kids Chance of Missouri go to www.mokidschance.org | |||