Workers’ Comp Exemption Explained

Workers’ Compensation is an essential type of commercial insurance coverage for most businesses, but not everyone is required to have it. 

 

To give you a better understanding about what workers’ comp exemptions are, we’ll be discussing: 

 

  • The professionals who may qualify for an exemption.
  • Varying state laws in regards to exemptions.
  • How to file for an exemption.
  • The risks of opting out of.

Let’s take a look!

 

A construction worker wearing a safety vest and helmet, accompanied by text on a blue background that reads "Workers' Comp Exemption Explained"

Common Workers’ Comp Exemptions

Workers’ compensation coverage is an essential type of commercial insurance, protecting employees against the costs involved with workplace injuries. While it is legally required in almost all 50 states, certain businesses and individuals are allowed to opt out. Doing so can help small businesses in particular save money, but also comes with some risks.

 Now let’s start by exploring the most common exemptions: 

Infographic titled "5 Jobs That Might Not Need Workers' Comp Coverage" featuring a colorful header with illustrations of diverse professionals.

Independent Contractors and Sole Proprietors 

Since sole proprietors and independent contractors work for themselves, they have no employees. Because of this fact, many states allow them to opt out of workers’ compensation requirements.

Corporate Officers and Owners 

High-level executives such as owners of large corporations and corporate officers oftentimes qualify for a workers’ comp exemption. It’s important to note that in this situation, the executive alone won’t receive workers’ compensations benefits, but normal employees are still required to. 

Family Members in Family-Owned Businesses 

In some states, immediate family members who work for a family business may be able to opt out of workers’ comp requirements. For example, a spouse or child who 

works for their family’s restaurant may be eligible for an

exemption in many cases. 

Seasonal or Casual Workers

For some professions, work tends to be short term depending on the industry, specific season, or special circumstances. Many states allow workers, who are  seasonal or temporary, to opt-out of workers’ compensation requirements. In these situations it’s important to read about the industry-specific requirements in addition to the state requirements. 

Agricultural Workers

In some states farm laborers and other agricultural workers can be exempt from workers’ comp requirements. Similarly to temporary workers, it’s important to read up on specific agricultural laws in your state to make sure you’re legally compliant. 

State-by-State Workers’ Comp Exemption Variations 

As briefly mentioned, each state has its own separate laws in regards to workers’ compensation requirements. While we won’t go through every state’s specific laws, you can find more detailed information by looking at our Workers’ Compensation Insurance Rates and Coverage by State overview.

 

Here are some examples of states with unique workers’ compensation laws: 

 

  • Texas: Private employers don’t have to provide workers’ compensation coverage at all (they are the only state with this law).
  • Florida: While construction workers usually face stricter requirements than in many other states, sole proprietors can apply for exemptions. 
  • California: There are very few exemptions allowed. One of the only types of professionals who may become exempt with specific circumstances are corporate officers. 
  • New York: While sole proprietors are exempt, many specific types of contractors must be covered. 
  • Pennsylvania: Unless they employ other people, sole proprietors are exempt.

*It’s important to always check with your state’s labor and workers’ compensation board to fully understand the specific exemption requirements for your state and industry. 

How to File for a Workers’ Comp Exemption 

  • Apply: After finding out if you and your business are eligible for workers’ comp exemptions, you’ll need to apply through your state’s labor department or workers’ compensations board. This is usually as easy as filling out a lengthy application, but sometimes requires a sworn affidavit.
  • Required Documents: During the application process you’ll likely need to provide some specific documentation. Standard document requirements include proof of business ownership, proof of family relationships (for family-owned businesses), or proof of your independent contractor status. 
  • Exemption Renewal: Most states require you to renew your workers’ compensation on a periodic basis. For some states, it’s every year, for others, it’s every couple of years, so be sure to check with your labor board for your local requirements. 

Risks of Obtaining a Workers’ Comp Exemption 

  • Financial Risks: While opting out of your state’s workers’ compensation requirements could save you money upfront, you run the risk of facing expensive out-of-pocket costs if you or an employee gets injured on the job. 
  • Legal Risks: If you fail to cover an employee who is in fact required to have workers’ compensation coverage you will face steep fines and/or other legal penalties. The same consequences apply if you incorrectly claim an exemption. 

If you are eligible for an exemption it’s important that you take the time to weigh your options. While we encourage you to play it safe and get some level of workers’ compensation for your business, it is a personal choice and each option has pros and cons. 

Why You May Want Workers’ Comp, Even if You Are Exempt

A window cleaner suspended on a harness, wearing a safety helmet and using professional equipment to clean a high-rise building.

  • High-Risk Professions: If you work in a high-risk industry such as construction, it’s likely worth it to obtain a workers’ compensation policy even if you’re not legally required. This is mainly because the risk of injury is so much higher in these professions in comparison to other ones. 
  • Protect Your Assets: A workplace injury could result in a lawsuit costing hundreds of thousands of dollars without a workers’ compensation policy in place. In this dreadful situation, many business owners simply cannot afford to keep their company afloat, while also paying the settlement. 
  • Employee Trust: Having a comprehensive workers’ compensation policy in place shows your employees that you truly care about their health and well-being. This helps to instill a sense of trust and loyalty among team members. 

Learn More About Your Options at EZ.Insure 

Workers’ compensation insurance is a crucial type of coverage that extends to employees by covering the costs associated with workplace accidents. While there are some benefits of opting out of your state’s requirements, it’s important to first weigh the pros and cons before making a decision. 

 

To learn more about workers compensation coverage and other key business protections, visit our full resource library

 

If you’re interested in taking the next step to cover your team, EZ.Insure also provides free quotes, and expert help from licensed insurance agents. To get started, simply fill out the form on the righthand side of the screen or call us at (855)-694-0047.

How Workers’ Compensation Handles Death Benefits

How Workers' Compensation Handles Death Benefits text overlaying image of a construction worker Workers’ compensation insurance can help pay for medical care for workers who get sick or hurt on the job. But what happens if a person gets hurt on the job and dies because of it? If an employee passes away due to a work injury or illness, workers’ compensation provides death benefits that may offer financial support for their family. If you own a small business, you need to know about workers’ compensation death payments and what they mean for your business. Especially because each state has its own rules and laws about death benefits.

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Alabama

Workers’ compensation insurance pays death benefits to a worker’s family if he or she dies from an illness or injury that happened at work. Who can get death benefits depends on their link to the person who died. And how much they depended on them financially. Eligible family members can get weekly death benefits of no more than 75% of the employee’s average weekly wage. This amount can’t be more than the average weekly pay for the state.

 

The amount of the weekly benefit for survivors who are only partly dependent on the deceased person will depend on how much money each dependent got from the person who died. Survivors can get benefits for up to 500 weeks, no matter how much they need them. Alabama also lets the worker’s family get a lump sum payment for funeral and other costs if the worker died within four years of the accident. The size of this one-time payment is based on the average weekly wage in the state.

Alaska

In Alaska, families are eligible for a death benefit of $10,000 to cover funeral costs and $5,000 for the employee’s surviving partner and/or children. Workers’ comp also gives weekly payments to your employee’s family after he or she dies on the job. The total amount of the benefit must be the same as the employee’s total handicap rate. 

 

Dependents are people like children, widows, and widowers who need help. Children who weren’t biologically connected to your employee but were supported by them or lived in their home are also considered dependents. Children who are in high school or in their first four years of a trade, professional, or college program are eligible for benefits until they turn 19. So are all dependent children who are not married. If there is no widow, widower, or children, payments may be made to the worker’s parents, grandchildren. Or other relatives who depended on them.

Arizona

According to Arizona state law, if an employee dies because of an accident or illness at work. The employee’s family can get up to $5,000 for funeral costs and death benefits. If there is a living spouse but no children, the spouse will get 66.23% of the average monthly wage of the person who died. The payments will keep coming to the remaining spouse until they die or get married again. If they get married again, they will get two years’ worth of payouts all at once.

 

If there are kids and a living spouse, the surviving spouse will get 35% of the average monthly wage of the person who died. As mentioned above, they will get this until they die or get remarried. The children will also get 31.2 percent of the dead parent’s salary, which will be split evenly between them. 

Arkansas

In Arkansas, family members who depend financially on a worker who dies because of an illness or injury at work can get death benefits from workers’ compensation. If there are no full dependents left, partial dependents may get benefits. Dependents or partial dependents can be spouses, children, parents, siblings, grandparents, and grandkids. In Arkansas, workers’ compensation pays out payments equal to 67% of the worker’s average weekly wage. Up to a certain amount per year. The money will be split between the people who depend on the person who died.

California

Death benefits are a big part of workers’ compensation payments in California. If an employee dies because of an illness or accident they got at work, your workers’ compensation insurance will pay up to $10,000 for their funeral. And give death benefits to their surviving family members. Death benefits will be paid at the total temporary disability rate until the youngest dependent child turns 18. Dependents who are disabled will be paid for life. How much your employee gets in death benefits depends on how many people count on him or her:

 

  • A single dependent: Up to $250,000
  • Two or more dependents: Up to $290,000 
  • Three or more dependents: up to $320,000 
  • One total dependent. Plus one or more partial dependents: $250,000 plus four times annual support for partial dependents (up to $290,000)
  • One or more partial dependents: Up to $250,000 in annual support.

Colorado

In Colorado, workers’ compensation death benefits may be given to the surviving family members of a person who died at work because of an injury. Dependents include:

 

  • A spouse who was living with your employee at the time of their death.
  • Children under the age of 18, or under the age of 21 if they are full-time students.
  • Parents, adult children, or grandchildren may qualify as partial dependents if there is no spouse or dependent children. In that case, the family member must demonstrate financial dependency on the deceased worker.

For their families to be qualified for death benefits, your employee must have died from an illness or injury that was caused by their job. If the death was caused by something unrelated, the family may be able to get unpaid permanent disability payments. In Colorado, workers’ compensation death benefits are usually about two-thirds of your employee’s average weekly wages, up to a law limit that changes every year. This is the total amount given to all of the people who rely on you.

 

A spouse gets death benefits for as long as they live or until they get remarried. At which point their share is split between the people who are still depending on them. Children can get benefits until they turn 18 or until they turn 21 if they are full-time students. Partial dependents can get benefits for up to six years. If a worker under 21 dies from an illness or injury at work, their parents will get a lump sum of $15,000 instead of weekly benefits. The workers’ compensation insurance company would also pay up to $7,000 for the funeral costs of your worker who died on the job.

Connecticut

Connecticut workers’ compensation law says that their dependents are eligible up to $4,000 to pay for funeral costs. The surviving partner of the employee who died can get death benefits until and unless they remarry. They will also get benefits for their minor dependent children who are still alive. If the children do not live with the remaining spouse or are not that spouse’s children. The death benefit will be split evenly among the dependents. The benefit will be given to the minor child’s remaining parent or guardian.

Delaware

In Delaware, a worker’s compensation claim can be made by anyone who was financially dependent on the person who died. If the employee was the only one taking care of the dependent, the death benefit will be two-thirds of their normal pay. If the worker who died did not pay for all of the dependent’s needs, the weekly death benefit will be less. For example, if a worker who died provided 60% of their family’s income and their partner provided the other 40%, the weekly death benefit would be 60% of the worker’s weekly pay before the injury or illness. All qualified dependents would get this benefit.

 

Depending on the circumstances, survivors can get death payments for at least five years and up to twelve years. Benefits may last longer if a child was disabled before the worker died, is still in school (up to age 18). Or is involved full-time in an accredited post-secondary program (up to age 23). When the beneficiary is not a surviving husband or child, benefits are limited to a fixed dollar amount that is changed every year. Delaware workers’ estates can also get $7,000 to help pay for funeral costs. This is paid whether or not the person left behind a spouse or children.

Florida

In Florida, a worker’s family may be able to get death benefits if the worker dies from a work-related injury within one year of the accident or within five years of being disabled continuously. Most of the time, workers’ compensation will pay up to $150,000 to the person’s relatives (up to 66.67% of the person’s weekly wage). And pay up to $7,500 for the funeral.

Georgia

Georgia law says that anyone who depends on the worker for money is eligible for benefits. The partner and children of a deceased worker are usually considered dependents, but there are a few requirements:

 

  • The surviving spouse must be legally married to the deceased. If the couple lived apart for 90 days prior to the date of injury or death, the claim may be denied. But only if it can be proved that the surviving spouse was not dependent. Common-law partners may also be ineligible.
  • Children under the age of 18 are considered dependents. As are stepchildren, legally adopted children, and children born posthumously to the deceased. Children over the age of 18 who are unable to work due to a physical or mental disability. As well as children under the age of 22 who are full-time students, are also covered.
  • Anyone else who can show they were financially dependent on the deceased may be able to file a claim for benefits. For instance, an elderly parent.

The most a surviving partner who has no other dependents can get in death benefits is $150,000. These benefits are paid until the person turns 65 or gets 400 weeks of payments, whichever comes first. If the widowed partner gets remarried or moves in with someone else, they will lose their benefits.

Hawaii

In Hawaii, a cash payment can be given to any family member who was financially dependent on the person who died. The amount given depends on how many people in a family ask for benefits. But the total amount of family benefits can’t be more than two-thirds of the average weekly wage of the worker who got hurt. In Hawaii, workers’ compensation pays for funeral costs as well.

Idaho

In Idaho, the surviving spouse of a worker who died on the job can get workers’ compensation death payments for 500 weeks. Unless they get married again during that time. Up to three children who need help can also get assistance until they turn 18. Other family members who were financially dependent on the worker who died, such as parents, siblings, grandparents, or grandkids, may also be able to get benefits. If your worker dies within four years of getting hurt or sick, some funeral costs may also be covered.

Illinois

In Illinois, death benefits from workers’ compensation are paid out every week. A qualified dependent can get up to two-thirds of the deceased person’s average weekly earnings. As long as the amount is between the minimum and highest amounts set by the state each year. When the payments hit $500,000 or 25 years have passed, whichever comes first, the payments will stop. Death payments from workers’ comp also cover funeral costs of up to $8,000.

Indiana

In Indiana, dependents can get 500 weeks of lost pay at 67% of the average weekly wage of the person who died. All of the dead person’s hospital bills and up to $7,500 in burial costs are also paid for. In Indiana, there are two kinds of dependents: presumed dependents and dependents-in-fact. Death benefits are distributed evenly among presumed dependents, who include:

 

  • Spouse (as long as they do not remarry)
  • Children under 21 who aren’t married and who resided with the employee
  • Children under 21 who did not reside with the employee, but who the employee was legally obligated to support 
  • Children over the age of 21 who have never been married, are physically or mentally ill, or are caring for the employee’s home but are not otherwise employed

Dependents-in-fact can get benefits even if there are no supposed dependents at the time of the employee’s death. People who are linked by blood or marriage and who relied on the employee who died are among these people.

Iowa

You are required by Iowa law to pay death benefits through your policy. The amount of these benefits will depend on whether or not the employee’s dependents were fully or partially financially dependent. Children under 18 years old, children with disabilities of any age, and a living spouse are all considered to be fully dependent. Children under 25 who can prove they were the worker’s dependents are also qualified. Dependents who are physically or mentally unable to take care of themselves will also be able to get weekly workers’ compensation payments.

 

Surviving family members who were fully dependent on the worker who died can get pay equal to 80% of the worker’s average weekly after-tax income. The 80% amount will be split evenly among all full-time kids. And the most anyone can get is the average weekly wage in Iowa. If the employee has no full dependents, only partial dependents will get death payments. Survivors can also get a one-time payment of up to 12 times the average weekly wage of the state to cover funeral costs.

Kansas

The following rules govern how death benefits are given to the families of Kansas workers who die because of an illness or accident they got at work:

 

  • For survivors to get money, they don’t have to be citizens or live in the United States.
  • Weekly death benefits are based on 67% of the average weekly wage of the worker who died. Up to the highest amount allowed by law.
  • The minimum death payment is equal to 50% of the state’s average weekly wage.
  • The total amount of death benefits can’t be more than $300,000. Unless they are going to a child under 18 who needs them.
  • In Kansas, the boss or their insurance company is responsible for paying all hospital and medical bills related to the death. As well as up to $5,000 in funeral costs.
  • The surviving legal spouse or children who are fully dependent must get an initial payment of $40,000 from the employer (or their insurer), or the amount must be split evenly between the dependents.

Kentucky

Eligible family members can get weekly death benefits of no more than 75% of the average weekly pay of the worker who died. This amount can’t be more than the average weekly pay for the state. How much a partly dependent survivor gets each week will depend on how much they depended on the deceased for money.

 

Survivors are eligible for payments for up to 500 weeks, no matter how dependent they are. In Kentucky, if a worker died within four years of getting hurt on the job, his or her family may get a lump-sum payment to help pay for the funeral. The average weekly wage for the state will be used to figure out the lump-sum amount.

Louisiana

The state of Louisiana assumes that the employee’s surviving partner and children depended on him or her and should get benefits because of this. Other family members who lived in the same house as the worker who died and were financially dependent on them may also be able to get death benefits.

 

  • Partners who aren’t married can’t get benefits unless they are getting them for children they have together.
  • The worker’s surviving spouse is eligible for 32.5% of the average weekly wage of the worker who died.
  • A spouse who has died and one child can get 46.25%.
  • A spouse who has died and two or more children can get 65%.
  • If there is no partner, a child who is still alive can get 32.5%. Two children can get 46.25%. And three or more children can get 65%.
  • If there is no partner and no children. A parent who needs help can get 32.5% and two parents who need help can get 65%.
  • If there is no spouse, no children, and no parents, a sibling who needs help can get up to 32.5 percent of the benefit, and each new sibling can get up to 65 percent.

Workers’ compensation insurance also pays up to $8,500 for burial and funeral costs.

Maine

In Maine, the surviving spouse and dependent children are considered “wholly dependent” when figuring out workers’ compensation payments. That means they are entitled to a share of the worker’s income. Other family members may also count on you in some ways. Benefits will only be given to relatives who are partly dependent if there are no fully dependent family members left. Those who qualify can get weekly death benefits equal to two-thirds of the dead worker’s average weekly pay. This amount can’t be more than the average weekly pay for the state.

The amount of money the person who died gave each dependent will decide how much the survivors will get each week. Survivors can get benefits for up to 500 weeks, whether they are fully or partly dependent. Dependents in Maine can also get up to $4,000 to cover reasonable funeral costs. You will also have to pay $3,000 to the estate of the employee who died to cover miscellaneous costs.

Maryland

In Maryland, benefits can be given to any family member who depends financially on the person who died. Most of the time, a living dependent is entitled to two-thirds of the worker’s average weekly wage, up to the legal limit. This depends on how much money the person who died brought in for the family. In other words, if the person was responsible for 60% of the family costs, their dependents can get 60% of their average weekly wage. Depending on the circumstances, survivors can get death payments for at least five years and up to twelve years. In Maryland, workers’ compensation pays for acceptable funeral costs of up to $7,000.

Massachusetts

Dependent family members of Massachusetts workers who died will get death benefits. The payments are based on the person’s weekly pay before the accident. Surviving partners can get weekly payments equal to 66% of the average weekly wage of the worker who died. But not more than the average weekly wage in the state at the time of death. Once two years have passed since the worker’s death, the partner can get a cost-of-living adjustment every year. If their partner gets remarried, the children will get $60 per week, up to the amount of the spouse’s benefit.

Michigan

Children in Michigan are considered dependents if they are under 16. Or if they are 16 or older but can’t work because they are sick or too young. Also, for children to get death benefits, they must have been living with the employee or an ex-spouse at the time of death.  After taxes, Social Security, and Medicare are taken out, dependents can get 80% of the average weekly wage of the worker. However, the state of Michigan sets a minimum and highest weekly benefit amount for workers’ compensation death benefits each year. Dependent family members who are “wholly” dependent will get the same amount of benefits. If there are no “wholly” dependent family members, partly dependent family members can get benefits.

 

Dependents can get benefits for up to 500 weeks, or until the youngest claimant is 21 years old, whichever comes first. If the dead worker’s widow or widower remarries, their benefits end. However, their children’s benefits continue until they turn 18 (or 16 if they’ve been able to support themselves for six months). In Michigan, workers’ compensation pays for up to $6,000 in funeral costs.

Minnesota

If an employee dies because of an illness or accident at work, certain family members may be able to get death benefits. These benefits cover funeral and burial costs. As well as weekly payments that cover a part of the employee’s earnings. The family of the worker who died will get death benefits equal to no more than 67% of the worker’s average weekly wage. Which cannot be more than the highest amount set by law for an entire year. Payments must also be adjusted every year for the cost of living starting 3 years after the worker dies.

Mississippi

In Mississippi, your workers’ compensation insurer or assigned risk administrator will pay death payments to the employee’s dependents at least once every 14 days. After a worker dies on the job, these payments can keep going for up to 450 weeks. Death benefits are based on a percentage of the average weekly wage of the worker who died, up to a weekly limit set by law. Also, you or your insurance company must pay up to $5,000 for the funeral costs. And give the remaining spouse a one-time payment of $1,000.

Missouri

In Missouri, death benefits include up to $5,000 for funeral and burial costs. And weekly payments that cover a part of the employee’s income. Dependent family members of the worker who died will get death benefits based on the worker’s weekly pay before the accident. This amount, however, can’t be more than 67% of the average weekly wage of the employee who died. Up to the minimum and highest benefit amounts set by the state. The remaining spouse will get benefits until he or she dies or gets married again. If this happens, the partner will get a final lump sum payment equal to two years’ worth of benefit payments.

Montana

The Montana Workers’ Compensation Act says that you have to pay death benefits to a worker’s family if he or she dies because of an accident or illness at work. Beneficiaries will get two-thirds of the worker’s weekly wage. The most these benefits can be is the state’s average weekly wage. If the worker dies and doesn’t leave behind any children, their parents or anyone else who can show they were financially dependent on them must get a lump-sum payment of $3,000.

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Nebraska

If one of your employees dies at work because of an accident or illness, their family will get death benefits from workers’ compensation. In Nebraska, the employee is financially responsible for the following people:

 

  • A surviving spouse
  • Children younger than 18 who live at home with the employee’s spouse
  • Children younger than 22 who are enrolled in an accredited higher education program
  • Adult children who are mentally or physically unable to support themselves. Or who depended on the deceased worker for financial support in the past

The worker’s surviving spouse is eligible for two-thirds of the worker’s previous pay until the spouse remarries. 

Nevada

If an employee dies because of an accident or illness that happened at work, his or her dependents could get death benefits. If the worker who died didn’t have a partner or children, benefits could be given to their parents or younger siblings who depended on them financially, as well as to other family members.

 

The worker’s partner can get up to a certain amount each year, based on the worker’s average monthly wage. This benefit is for the spouse and children. If the partner is not the parent of the children, the benefit will be split. In that case, half of the income would go to the spouse and the other half would go to the children. Workers’ compensation payments also pay up to $10,000 for funeral costs.

New Hampshire

If an employee dies because of an accident or illness at work, their dependents may be able to get death payments from workers’ comp. These perks include funeral costs that don’t go over $10,000 and a weekly payment. If the worker died without a partner or children, benefits could be given to their parents or younger siblings who depended on them for money, as well as to other family members who depended on the worker for money.

New Jersey

In New Jersey, death benefits from workers’ compensation are made up of:

 

  • Payment of approved medical bills
  • Up to $3,500 for burial or funeral expenses
  • 50% of the deceased employee’s wages to one dependent
  • 5% more for each additional dependent, up to a maximum of 70% of the worker’s wages for five or more dependents
  • Up to 450 weeks of payments to the surviving spouse, up to a maximum amount set each year by the Commission of Labor
  • Up to 450 weeks of payments to mentally or physically disabled children

Children are thought to be dependents until they turn 18 or until they turn 23 if they are still in school full-time. A kid who needs care and who has a physical or mental disability may get more benefits. If the surviving partner gets remarried, they will no longer be able to get benefits. Unless there are still children who need help. The benefits could then go on for up to two more years. A civil union partner can also get death benefits. Also, the parent(s) and sibling(s) of the person who died who depended on your employee may be able to get compensation if they can show it.

New Mexico

If an employee dies because of an illness or accident at work, workers’ compensation death benefits may be given to their surviving partner and dependent children (or other dependent relatives). Children are thought to be dependents until they turn 18 or until they turn 23 if they are still in school full-time. A kid who needs care and who has a physical or mental disability may get more benefits.

 

Your employee must have died within 2 years of the date of their injury for their dependents to be qualified for death benefits. The most they can get is the same amount that the employee would have gotten in temporary total disability payments over 700 weeks. In New Mexico, funeral fees are paid for with $7,500 of the workers’ compensation death benefits.

New York

In New York, the main people who count on you are your spouse and your minor children. Unless they get married again, the surviving spouse of your employee will generally get benefits for the rest of their lives. If they do get married again, they will get a lump sum that is the same as two years of payments. 

 

If there are no children, the spouse can get up to the highest amount allowed by law, which is 66.67% of the worker’s average weekly wage. When there are children, the rate stays the same, but the benefits will be split so that the husband gets 36.6% of the weekly rate and the children each get 30%. When a child turns 18 or 23 if they are a full-time student, their benefits stop. If there is no surviving partner or children, benefits can be given to the worker’s parents or the worker’s estate.

 

As part of workers’ compensation death payments, New York helps pay for funeral costs. How much money is given for funeral costs depends on where in the state the person who died worked for pay. For example, in Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, and Westchester counties, New York helps pay up to $12,500 for funeral costs. 

 

North Carolina

As long as the spouse lived with the worker at the time of his or her death, they will be qualified for benefits. Minor children are any children under the age of 18 who were dependent on the worker at the time of death. This includes adopted children, stepchildren, and known illegitimate children. It also includes children born after the worker died.

 

If there are no completely dependent family members, benefits will be given to people who were partly dependent on the worker who died, based on how much help the worker had been giving them. One lump sum can also be given to the next of kin. If there are no close relatives, workers’ compensation insurance will only pay for the funeral costs.

 

In North Carolina, the weekly death benefit is two-thirds of the average weekly wage of the worker who died. This benefit is paid for at least 500 weeks or until a child who is getting benefits turns 18. Up to $10,000 can be paid for funeral costs. In some situations, North Carolina workers’ compensation death payments can be more flexible than those in other states. This is because the North Carolina Supreme Court set up the “Pickrell presumption,” which says that the children of a worker who died may still be able to get workers’ compensation benefits even if the exact cause of death and the details of the accident are unknown.

North Dakota

Workforce Safety and Insurance in North Dakota will pay for funeral costs of up to $10,000. Also, wives and children will be able to get two-thirds of the average weekly wage of the worker. A one-time payment of $2,500 plus $800 for each dependent child will also be given to the surviving partner. If the worker died without a partner or children who depended on them, the other people who cared about them would get a lump sum of $15,000. Benefits will depend on whether the employee left behind a husband, children, or other survivors.

Ohio

In Ohio, workers’ compensation death payments can be given to people who were financially dependent on the worker who died. Other family members may also be considered wholly or partly dependent, but this will depend on each individual case. Death benefits will be equal to 66.67% of the worker’s average weekly wage, up to the maximum and minimum amounts set by the state each year. The Bureau of Worker’s Compensation (BWC) will decide how payments will be given to dependents. Most of the time, the partner will get benefits until death or remarriage, and if they remarry, they will get two years’ worth of benefits all at once. A burial allowance of up to $5,500 is also part of the workers’ compensation death payouts.

Oklahoma

If one of your employees dies because of an illness or accident they got at work, your workers’ compensation insurer must pay death benefits to the employee’s family. This means paying benefits to the surviving partner and/or other dependents of a worker who has died. Surviving employees who were not financially dependent on the person who died but who lost money because of the death may also be qualified for a lump-sum payment. State laws set up a plan for how to figure out death benefits. Benefits include one-time payments, weekly payments, and money to cover funeral costs. 

Oregon

To get benefits, the survivor must have been financially dependent on the person who died, either in whole or in part. Most of the time, workers’ compensation insurance in Oregon also pays up to $20,000 for funeral and burial costs. Go to the Workers’ Compensation Division’s page on death payments to find out more.

Pennsylvania

In Pennsylvania, a worker who dies because of an injury at work will usually be able to get death benefits from workers’ compensation. Payments of death benefits can start on the day the worker dies. As part of workers’ compensation death benefits, a $3,000 payment is made for funeral costs.

Rhode Island

If an employee dies because of an illness or injury they got at work, their relatives will get death benefits. As part of these benefits, a person can get up to $20,000 to help pay for burial and funeral costs. A weekly benefit will also be given to a surviving partner, any minor children, and any other people who depend on the person who died. This payment will be based on whether or not the worker is married and how many people count on them. But the total benefit can’t be more than what the state’s highest total weekly disability benefit is.

South Carolina

In South Carolina, a worker’s dependents may be able to get death benefits if the worker dies from a work-related accident or illness. Benefits for a death include weekly payments as well as money to pay for the funeral and burial. Surviving family members can usually get two-thirds of the worker’s average weekly wage for 500 weeks from the date of the accident. They can also get up to $2,500 to cover funeral costs. There are some exceptions to this general rule. For example, if the worker who died was getting benefits from workers’ compensation insurance before he or she died. The amount of benefits that the worker’s relatives can get may be cut.

South Dakota

State law in South Dakota says that a worker’s survivors must get death benefits if the worker dies from an illness or injury at work. These perks include money to make up for the worker’s lost income and money to help pay for funeral costs. The worker’s partner will get 67% of the worker’s average weekly wage, which includes overtime pay at the straight rate. If the partner remarries, the payments will stop. But your insurance company will give them a lump sum equal to two years of the worker’s salary.

 

When the employee leaves behind children who were qualified for income benefits. Those benefits will end two years after the surviving spouse remarries. If children are the only ones left alive, they will get payments equal to 67% of the worker’s average weekly wage until they turn 18 (or 22 if they are in school full-time). Children who can’t work because they are too young or too sick will get money for the rest of their lives.

 

Your insurance company will pay an extra $50 a month to each of the dead employee’s legally dependent children. Starting the date of death until the child turns 18. Also, your insurance company will have to pay an extra $2,000 per year for up to five years for each child who goes to a recognized post-secondary school full-time. In addition to widow income benefits, funeral costs of up to $10,000 will be paid for each survivor.

Tennessee

If an employee dies because of an accident or illness at work in your state, their dependents will be able to get death benefits. Benefits for replacing lost wages can be different depending on how many dependents your employee has:

 

  • If the employee died and had no children, your insurance company will pay $20,000 to the employee’s estate.
  • If the employee has a surviving partner but no children who depend on them. The insurance company will pay up to 50% of the person’s average weekly wage.
  • If the worker dies and leaves behind a partner and children who depend on them. The insurance company will pay the spouse two-thirds of the average weekly wage.

In Tennessee, workers’ compensation also pays up to $10,000 for funeral and burial costs.

Texas

If a worker with Texas workers’ compensation insurance dies from a work-related illness or accident, the worker’s family will get death benefits. Most of the time, the death benefit will be 75% of the worker’s normal weekly wage. Up to an amount set by the state each year. The money will be given to the employee’s family and loved ones. Workers’ compensation also pays up to $10,000 for funeral costs.

Utah

If one of your workers dies because of an injury or accident at work, their family will be able to get death benefits. This includes covering for the cost of a burial or funeral. Under the Utah Workers’ Compensation Act, survivors can get money every week. This amount is based on 67% of the employee’s average gross weekly pay. The exact amount depends on how many children the worker had and if they were still living.

Vermont

If an employee dies in Vermont because of an illness or injury that was caused by their job, their family will be able to get death benefits. These include up to $10,000 for burial and funeral costs. And up to $5,000 for getting the body to the place where it will be buried. Workers’ compensation insurance will also pay weekly benefits to the person who died. Depending on whether the worker had a partner and/or children, the amount of these benefits can range from 67% to 77% of their previous weekly pay. The base and maximum limits for survivor benefits are the same as for all other Vermont workers’ compensation benefits.

Virginia 

Under Virginia law, a worker’s spouse, children, and other dependents may be able to get death benefits if the worker dies from an illness or injury that was caused by their job. Dependents of a worker may get weekly payments equal to two-thirds of the worker’s average weekly wage. For up to 500 weeks from the date of injury. Up to $10,000 will be paid for funeral costs, and up to $1,000 will be paid for transportation costs.

Washington

If a worker dies in Washington because of an injury or illness that happened at work, a survivor who is qualified can get a one-time death benefit payment and a monthly survivor’s pension. The spouse of the worker who died will immediately get death benefits. If the employee’s children are legally dependent on them, they will also be qualified. Workers’ compensation in Washington also pays for funeral costs, up to twice the average monthly wage of the state.

West Virginia

If an employee dies because of an accident or illness that happened at work in West Virginia, his or her dependents may be able to get death benefits. Survivors will get death benefits based on how close they were to the person who died. People who can get benefits are:

 

  • The surviving spouse of the worker
  • Children under the age of 18 (or under age 25 if the child is a full-time student)
  • Disabled children of any age

If there are no survivors who meet these requirements, the benefits can be given to the worker’s living parents if they are financially dependent on the worker. When there are no living parents, benefits may be given to grandchildren and/or siblings who are dependent. If the person who died didn’t have any dependents, the death benefits will only be used to pay for hospital bills and the funeral. Dependents of the worker who died will be able to get two-thirds of the worker’s average weekly wage at the time of the accident. Dependents will get a share of that benefit, with the amount they get based on the situation. Up to $7,000 may also be paid for funeral costs.

Wisconsin

Under Wisconsin law, the surviving spouse, children, and other dependents of a Wisconsin worker who died from a work-related injury or illness may be eligible for a death benefit. This includes weekly payments to those who depended on the worker financially and coverage for burial costs. Death benefits will go to family members who are totally dependent on the person who died. Like a living spouse or registered domestic partner, or surviving children under 18 or who are physically or mentally disabled.

 

Other partially dependent family members won’t be able to get death benefits unless there are no full dependents. All of the beneficiaries cannot get more than four times the employee’s annual salary in death payments. State law also says that workers’ compensation insurance must cover up to $10,000 in funeral costs.

Wyoming

Workers’ compensation in Wyoming pays death benefits to the family of a worker who dies from an illness or injury that happened at work. Their surviving spouse, minor children, and other dependents could get monthly benefits for up to 100 months. At least 80% of the average monthly wage in the state will be paid as a death benefit. The limit is twice the state’s average monthly wage. Both numbers are based on how much the worker was making before he or she got hurt or sick. Wyoming law also gives people $5,000 for funeral costs and $5,000 for other costs connected to death.

Workers’ Compensation With EZ

We do everything we can to make shopping for workers’ compensation insurance as easy and stress-free as possible. And we give each customer our full attention. After you fill out our form, you’ll get free quotes right away from your dedicated agent. Who will give you personalized service and try to figure out what you need. We want you to make the best choice possible and get the best coverage at the best price. Our services are free, so check out your prices right away. You can call us at 877-670-3538 if you still have questions. You will be put in touch with a local insurance agent who can answer all of your questions. And help you find the best workers’ compensation policy for your business.

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