The workers’ compensation system is designed to help workers who become injured on the job. These benefits can pay for their medical expenses and lost wages while they are recovering from their injury. But what happens when a worker dies as a result of their injuries? Can their loved ones receive benefits instead? What do Kentucky workers compensation death benefits consist of?
In this article, our Kentucky workers’ compensation lawyers provide you with the answers to these questions and more. If you have lost a loved one due to a workplace accident and need help filing a claim, please don’t hesitate to reach out to our legal team for assistance.
What Are Workers’ Compensation Death Benefits?
Workers’ compensation death benefits, also called workers’ comp survivor benefits, are meant to recompense a deceased worker’s family in the event they are injured and killed in a work-related incident. These benefits can include:
- Wage replacement
- Funeral and burial expenses
- Social security benefits
The idea is that the benefits provide surviving family members with money they would otherwise have continued to receive from the deceased worker’s income had they not been killed. In other words, it is meant to help with financial stability for a period of time after losing the loved one.
Who is Eligible for Workers’ Comp Death Benefits in Kentucky?
Kentucky legislation only allows certain people to file workers’ comp death benefits claims. Primarily, the law states that only the surviving spouse and dependents of the deceased worker can recover benefits.
Specifically, this can include:
- The worker’s spouse
- Children under 18 who live with the worker’s spouse
- Dependent children under 22 who are attending an accredited school
- Dependent children over 18 who are physically or mentally incapable of supporting themselves
However, others can potentially recover benefits beyond those listed above, but only if they can prove that they were actually dependent on the deceased worker.
These include:
- Parents
- Siblings
- Grandparents
- Adult children
How Much Does Kentucky Workers’ Compensation Pay for Death Benefits?
The exact amount recovered for these claims can vary greatly depending on how much the deceased worker earned on average and who is eligible to receive benefits.
- Spouses generally receive 50% of the deceased worker’s average weekly wage
- If children are living with the spouse,each child would get 15%, and the spouse would get 45%, up to a maximum of 75% of the deceased worker’s average weekly wage
- Parents and siblings of the deceased worker could potentially get 25%
- Grandparents and grandchildren could also get 25%
It’s important to note that all of these payments are subject to certain limitations. A lump sum is provided for funeral and burial expenses, but this payment is also subject to limits that are set by the state and change over time. In 2023, the amount of the lump sum death benefit was just slightly less than $100,000.
Furthermore, if the worker passes away within four years of the work-related injury occurring, the surviving family members can receive a separate settlement for additional compensation.
How Long Can You Receive Workers’ Comp Death Benefits?
Spouses will stop receiving benefits when they remarry. However, at the time of the remarriage, the widow or widower can receive a lump sum payment equal to two years of benefits. However, if the spouse does not remarry, they will continue to receive benefits until the deceased worker would have turned 70.
Dependent children will stop receiving benefits when they are no longer considered dependent, which means when they turn 18, graduate from college, or get married.
Parents, siblings, grandparents, and grandchildren will receive benefits until they die, gain the ability to support themselves, or marry. Grandchildren and siblings will also stop receiving benefits when they turn 18, so long as they are able to support themselves.
How to File a Claim for Workers’ Compensation Death Benefits
When a loved one dies, the employer should be notified as soon as possible so the claim can be filed with the Kentucky Department of Workers’ Claims. There is a statute of limitations that requires these claims to be filed within two years of the victim’s death.
After the work-related fatality has been reported to the employer, or if you are having trouble getting the claim filed, you should reach out to a Kentucky workers’ compensation lawyer. Though there are clear guidelines for who can receive benefits and how much, there is no guarantee that the insurer of the policy will award the full and fair amount.
It’s not uncommon for insurance companies to attempt to undervalue claims, but a lawyer can protect your rights and ensure you are fully and fairly compensated.
Trust McCoy & Sparks—Premier Workers’ Compensation Attorneys in Central Kentucky
At McCoy & Sparks, our workers’ compensation attorneys know what it takes to ensure surviving loved ones are paid the full benefits they deserve after their loss. We can help you file your claim and ensure your benefits are fairly calculated so you are paid the full amount you are owed.
You owe us nothing unless we recover compensation for you. Make the right call to (844) 4KY-WINS for a risk-free consultation with one of our workers’ compensation attorneys today.