Death Benefits
The law requires the Commission, in all cases of the death of a worker, to review claims for workers compensation dependent benefits and then issue written orders for payment of any workers compensation dependent benefits. This is done by the Adjudication Division of the Commission.
Once a claim for compensation is filed by the surviving dependents, the employer/insurance carrier reviews the claim and decides whether or not to pay the claimed compensation. If the claim is accepted, the employer/insurance carrier files a Form 151-Dependent’s Benefit Information with the Commission, and an order awarding compensation is then issued.
If the claim is denied, the dependent(s) may file a hearing request with the Adjudication Division using a Form 025-Claim for Dependents Benefits and /or Burial Benefits. The case is then handled like a workers compensation hearing request. Information about this process can be accessed by clicking here.
Once a determination is made that compensation is owed to dependents, an Initial Dependent Benefit Order is issued for weekly payments for the 312-week period following the date of death. Once each person’s dependency status is established as of the date of death, the only changes that are made to the order during the first 312 weeks of payments are for marriage, high school graduation or death of a dependent.
Once the first 312 weeks has passed, the law requires the Commission to yearly review all dependent benefit orders to ensure dependent(s) covered by the Initial Dependent Benefit Order still qualify for workers compensation payments. To do this, the Commission requires the employer/insurance carrier to solicit dependency information from dependents once per year. This is done via a form the dependent(s) must complete and return to the employer/insurance carrier.
To prevent any possible disruption of payments, both the Commission and the employer/insurance carrier must have written notice of any dependent’s address change within 10 days of the change.
The employer/insurance carrier reviews the information on the dependency form to decide whether or not to contest continued payments. This information is then passed on to the Commission. If dependency is challenged, a hearing may be held. If the employer/insurance carrier does not challenge continued dependency, a new order, called a Supplemental Order, is issued by the Commission based upon the information provided on the dependency form. Workers compensation benefits after the first 312 weeks are not automatic.
Also, after the 312-week period, the weekly workers compensation payment, by law, is reduced by 50% of the Social Security survivor benefits received by the dependent(s). Dependents must provide the amount of survivor benefits received, if any, so this offset can be calculated. This means that if Social Security survivor benefits are received by the dependent(s), the weekly workers compensation payment will go down after 312 weeks of payments.
The Commission monitors the claim and issues orders for compensation payments to be made but does not make the payments. It is the employer/insurance carrier who is responsible for making the workers compensation payments.
If you have questions about orders issued by the Commission, contact the Adjudication Division death benefits clerk. If you have questions about the issuance or timing of compensation payments, please contact the employer representative or insurance adjuster assigned to the claim.
Form 151-Dependent’s Benefit Information
Form 025-Claim for Dependent's Benefits and/or Burial Benefits
Claim Form for Continued Dependent Benefits after 312 Weeks
Division Contact List