Workers’ Compensation Death Benefits

Every year, quite a number of workers die from work-related injuries and illnesses. The Bureau of Labor Statistics estimates that in 2021 alone, over 5,100 workers died in the United States from work-related injuries. Losing a loved one to a work-related injury or illness is painful. Additionally, if the deceased employee was the breadwinner, surviving loved ones may be left worrying about how they will financially support themselves. Fortunately, in Vermont, if an employee dies from a work injury or illness, surviving family members may be eligible to get death benefits through the state’s workers’ compensation system. This article will provide a general idea of who is eligible to recover workers’ compensation death benefits, what must be proven to recover workers’ compensation death benefits, and how much eligible individuals can receive.

Who Is Eligible for Workers’ Compensation Death Benefits?

The individuals who can qualify to receive workers’ compensation death benefits in Vermont are outlined under 21 V.S.A. § 634. First, minor children and a surviving spouse will be eligible to recover workers’ compensation death benefits. A child with a mental or physical disability can also qualify for workers’ compensation death benefits. Depending on the circumstances, parents, grandparents, and siblings may also be eligible for workers’ compensation benefits.

What Must Be Proven To Recover Workers’ Compensation Death Benefits?

Because the workers’ compensation system is a no-fault system, it is not necessary for a claimant to prove fault on the employer’s part. It is only necessary to prove that the employee’s death was work-related. Depending on what happened, proving this might be an easy task. For instance, suppose an employee died after falling from a ladder while reaching for something in a warehouse. In such a case, proving that the death was work-related may be easy.

On the other hand, suppose an employee suffered chemical exposure and developed cancer years after the exposure. In such a case, it can be hard to establish the link between work and the employee’s death. Fortunately, a skilled workers’ compensation lawyer can help in a case where proving an employee’s death was work-related is not straightforward.

How Much Can Eligible Individuals Receive?

How much is paid depends on who survives the employee. Below is a breakdown of how workers’ compensation death benefits are paid to different dependents;

• A spouse with no dependent children receives 66-2/3% of the deceased’s average weekly wage
• A spouse with one dependent child receives 71-2/3% of the deceased’s average weekly wage
• A spouse with two or more dependent children receives 76-2/3% of the deceased’s average weekly wage
• If there is no surviving spouse but there is a dependent child, the child receives 66-2/3% of the deceased’s average weekly wage.
• If there is no surviving spouse but there are two dependent children, the children split 71-2/3% of the deceased’s average weekly wage.
• If there is no surviving spouse but there are three or more dependent children, the children split 76-2/3% of the deceased’s average weekly wage.

Regarding how long an eligible individual can receive benefits, spouses usually receive benefits until they die or remarry or reach the age of 62 and qualify for Social Security benefits. On the other hand, a child usually receives benefits until they are no longer dependent. However, a disabled child could receive benefits for life.

Contact a Vermont Workers’ Compensation Attorney

If you’ve lost a loved one to a work-related injury or illness, our Vermont workers’ compensation attorney at Sluka Law PLC can help you claim workers’ compensation death benefits. Contact us today to schedule a consultation.

Source:

legislature.vermont.gov/statutes/section/21/009/00634