Can You Get a Workers’ Compensation Settlement after a Loved One’s Death?

Yes, surviving family members can receive workers’ compensation death benefits if the worker died from a work-related injury or occupational illness. Benefits are available to qualifying dependents, including spouses, children, and other financially dependent relatives.

The amount and duration of benefits depend on state law, the deceased worker’s average weekly wage, and the relationship between the worker and the beneficiary.

Understanding your eligibility and the claims process is essential during this difficult time. Workers’ compensation death benefits provide crucial financial support, but navigating the system requires knowledge of specific requirements and deadlines. Sabbeth Law, PLLC, our experienced workers’ compensation attorneys, can guide you through the process of filing a death benefits claim, ensure all required documentation is submitted on time, and help you pursue the full compensation your family deserves.

Who Qualifies for Workers’ Compensation Death Benefits?

Death benefits are available only when a worker dies from a work-related injury or occupational disease. The death doesn’t need to occur at the workplace itself, but the fatal injury or illness happened while performing job duties.

Qualifying work-related deaths include:

Fatal injuries sustained in workplace accidents (falls, equipment failures, vehicle collisions)
Occupational illnesses that develop from workplace exposures (toxic substances, hazardous materials)
Deaths resulting from injuries that occurred at work, even if death happens later at a hospital

Non-qualifying scenarios include:

Deaths from personal activities during work trips unrelated to job duties
Fatal accidents that occur during voluntary recreational activities
Deaths from causes entirely unrelated to workplace conditions or duties

Cases involving workplace intoxication or horseplay require careful evaluation to determine eligibility for coverage..

Which Family Members Can Receive Death Benefits?

Not every family member automatically qualifies for workers’ compensation death benefits. States require proof of financial dependency on the deceased worker.

In New Hampshire, dependents eligible for death benefits include:

Surviving spouse (widow or widower)
Children under age 18, or up to age 25 if enrolled as full-time students
Parents who were financially dependent on the worker
Grandparents, grandchildren, or other direct relatives who relied on the worker financially
Next of kin who can demonstrate financial dependency

In Vermont, death benefits are available to:

Surviving spouses
Children under age 18
Children with disabilities or full-time students who may receive extended benefits

The specific requirements vary by state, making it important to understand your jurisdiction’s rules.

How Much Compensation Can Dependents Receive?

Death benefit amounts are calculated as a percentage of the deceased worker’s average weekly wage. Survivors do not receive the full amount the worker earned.

New Hampshire provides:

60% of the deceased worker’s average weekly wage
State-established minimum and maximum benefit amounts are adjusted annually
Proportional distribution among multiple qualifying dependents

Vermont provides:

Between 66.67% and 76.67% of the average weekly wages
Benefit percentage depends on the number of qualifying children
Maximum weekly benefit caps apply

Benefits continue for specified periods but may terminate when dependents remarry or reach certain ages. In Vermont, benefits typically end when the surviving spouse reaches age 62.hat you took, such as getting remarried. You will also lose benefits when you reach a certain age. In Vermont, the age is 62.

When a worker with an existing workers’ compensation claim dies from causes unrelated to their workplace injury, the situation becomes complicated. All ongoing wage-loss benefits for the original injury stop immediately because the required connection between the workplace injury and continued compensation is severed.

If the worker had already finalized a settlement agreement before death, those settlement terms generally remain valid. However, ongoing settlement negotiations usually cannot proceed in the original manner. Some states allow estate representatives to pursue previously negotiated settlements, while others require new legal proceedings entirely.

Death benefits apply only to work-related deaths. If a construction worker receiving treatment for a back injury dies in an unrelated car accident, dependents cannot claim workers’ compensation death benefits. However, if a factory worker dies from the occupational lung disease they were being treated for, dependents qualify for full death benefits.

Insurance companies often challenge the connection between workplace injuries and death. They may argue that pre-existing conditions, lifestyle factors, or other medical events caused the death rather than the original workplace injury. Medical evidence and testimony become critical in establishing the work-related cause of death.

Surviving dependents must actively file workers’ compensation death benefit claims. Neither the state nor the employer will automatically initiate this process on your behalf.

Essential steps include:

Gather documentation proving the work-related cause of death
Collect employment records and wage information
Demonstrate your financial dependency on the deceased worker
File the claim within your state’s deadline

Time limits are strict. In New Hampshire, families typically have three years from the date of injury to file a claim. However, certain circumstances may shorten these deadlines, particularly with pre-existing open claims.Consulting with a Vermont workers’ compensation attorney immediately after a work-related death helps preserve your rights and ensures proper filing procedures. Insurance companies may provide incomplete information about benefit terminations or fail to inform families about continuing rights and alternative remedies.

Can You Pursue Additional Compensation Beyond Workers’ Comp?

Workers’ compensation death benefits often fall short of replacing a family’s lost income. If your loved one earned $1,000 weekly, you might receive only $600 in death benefits—a significant reduction that can strain family finances.

Workers’ compensation law prevents lawsuits against employers, but you may pursue third-party claims against other responsible parties. These lawsuits can provide full compensation for lost wages plus damages for pain and suffering.

Potential third-party claims include:

Negligent drivers who caused fatal work-related vehicle accidents
Manufacturers of defective equipment or tools that caused death
Property owners whose negligence contributed to fatal workplace conditions
Contractors or subcontractors whose actions led to the fatal incident

Third-party lawsuits operate separately from workers’ compensation claims and can significantly increase total compensation for surviving family members.

Learn How Sabbeth Law, PLLC Can Help with Matters for Death Benefit Claims

The weeks following a loved one’s work-related death bring overwhelming emotional and financial stress. While no amount of money replaces your loved one, death benefits provide essential support for daily expenses and long-term financial stability.

An experienced workers’ compensation attorney helps you:

Determine your eligibility for death benefits
Navigate complex filing requirements and deadlines
Gather necessary medical and employment documentation
Challenge insurance company denials or disputes
Identify potential third-party liability claims
Maximize total compensation for your family

Insurance companies have financial incentives to minimize payouts and may deny legitimate claims based on technicalities. Professional legal guidance ensures your rights are protected and your claim receives proper evaluation.

If you’ve lost a loved one to a work-related injury or illness, contact Sabbeth Law, PLLC today for a free consultation. We’ll review your situation, explain your options, and help you pursue the benefits your family deserves.

Frequently Asked Questions About Workers’ Compensation Death Benefits

Can I Still Receive Benefits If My Loved One Had an Open Claim But Died From Unrelated Causes?

No. Workers’ compensation death benefits are only available when death directly results from the workplace injury or occupational illness.

Who Qualifies as a Dependent for Death Benefits?

Eligibility varies by state. In New Hampshire, dependents include spouses, children under 18 (or 25 if full-time students), parents, and other relatives who were financially dependent on the worker.

What Documentation Do I Need to File a Death Benefit Claim?

You’ll need medical records proving the work-related cause of death, employment records, and evidence of your financial dependency on the deceased worker.

Can I Sue My Loved One’s Employer for Additional Compensation?

Workers’ compensation law typically prevents lawsuits against employers. However, you may pursue third-party claims against other responsible parties, like equipment manufacturers or negligent drivers.

What happens to a compensation claim if the person dies?

If a worker dies from causes unrelated to their workplace injury, all ongoing wage-loss benefits for the original injury stop immediately. However, if the death resulted from a work-related injury or illness, dependents can file for workers’ compensation death benefits.