The Pennsylvania Workers’ Comp Act provides for death benefits for deaths that occur at work. Unfortunately, and all too often, we get calls from families who are grieving because a loved one lost their life at work in a work-related accident. It is absolutely heartbreaking and many times simply avoidable. Pennsylvania Workers’ Comp does provide in instances death benefits. No amount of money can replace a loved one, but death benefits do indeed exist.
Who can receive Pennsylvania workers’ comp death benefits?
The Pennsylvania Workers’ Compensation Act defines what familiy members are eligible for death benefits. They are defined as follows:
- A widow.
- A child of the deceased worker provided that the child is under the age of 18 or is a full-time student under the age 23.
- A child of the deceased worker, regardless of age, who is mentally or physically incapacitated.
- A parent of the deceased worker who is either fully or partially dependent upon the deceased worker’s financial support.
- A sibling of the deceased worker provided that the child is under 18 or is a full-time student under 23 who relies on the deceased worker’s financial support.
Of note, the definition of widow is clearly defines, but perhaps outdated. Widow is a widow. The individual must have been married to the deceased worker. A girlfriend or significant other living with the deceased worker does not qualify for death benefits.
What compensation rates are payable to eligible individuals?
Death benefits are payable at different rates for the individuals identified above. So what are they?
- For a widow with no children, the widow can receive 51% of the deceased’s average weekly wage (AWW).
- Widow with children can receive varying rates depending on how many children. A widow with one child can receive 60% of the deceased’s AWW. A widow with two or more children can receive 66 2/3% of the deceased worker’s AWW. The children must have been dependent on the deceased worker and ‘child’ is defined by the Act.
- A widow with children who have a different guardian can receive 60% of the deceased workers’ AWW. That amount is split between the widow and the child. If the widow has more than one child, then the widow would receive 33 1/3% of the AWW and the children would receive 33 1/3% of the AWW.
- Children can receive death benefits if there is no widow. The amount varies depending on how many children. The children’s guardian would receive 32% of the deceased worker’s AWW for one child, 42% for two children, 52% for three children, 62% for four children, 64% for five children and 66 2/3% for six or more children. Where children have different guardians the benefits would be divided equally.
- Parent of a deceased worker may be eligible for benefits if there is no widow and no children. However, the parent must prove dependency, wither fully or partially, on the deceased worker’s financial support. If the parent is fully dependent on the deceased worker’s financial support, then they can receive 52% of the AWW. If the parent was partially dependent on the deceased worker’s financial support, then the parent can receive 32% of the AWW.
- If there is no widow, no children, and no dependent parents, then a sibling can receive benefits if dependent on the deceased workers’ financial support.  A single dependent sibling can receive 22% of the deceased’s AWW. Additional siblings would receive 5% more per sibling, up to a maximum of 32%.
How long do Pennsylvania workers’ comp death benefits last?
The widow of a deceased worker can potentially receive death benefits for life.  I say potentially, because if the widow remarries the benefits the widow would receive an additional 104 weeks in a lump sum, then benefits would end. Likewise, children of the deceased worker can continue receiving benefits until the age of 18, or if the child is enrolled in full-time academic institution, until the age of 23. If a child was physically or mentally incapacitated, they can receive ongoing benefits for life.
Finally, are there any other Pennsylvania workers’ comp death benefits?
Yes. The family of the deceased worker are legible for up to $7,000 in funeral expense benefits.
Often times, eligibility for Pennsylvania workers’ comp death benefits can be disputed by the employer. Fatal claim petitions can be litigated. Unfortunately, we receive these calls all too often. Mooney Law stands ready to help you with compassionate and vigorous representation to secure benefits you deserve.  Consultations are always FREE and we are happy to set up a call, a zoom, or in person consultation. Please give us a call at 717-200-HELP or 717-632-4656. You can also email us at info@mooney4law.com. Finally, visit Mooney Law on the web.
