What Do Workers’ Comp Death Benefits Cover?

The passing of a loved one because of a work-related injury or illness can leave an emotional and financial hole in its wake. While nothing can replace the person you’ve lost, Maryland’s workers’ compensation system offers financial help to support the surviving family members.

What do workers’ compensation death benefits cover? In this blog, we will explain the benefits available under Maryland’s workers’ compensation program.

Wage Replacement for Surviving Family Members

These death benefits replace the income your loved one would have continued to provide. This support can be a lifeline for spouses, children, and others who depend on the deceased worker’s earnings. The Maryland Workers’ Compensation Commission has listed the following as eligible benefits.

• If you were fully dependent: If you were completely dependent on your loved one’s income, such as a stay-at-home spouse or minor child, you may receive two-thirds of their average weekly wage (AWW), up to the state’s maximum benefit amount, currently $1,493 per week. These weekly payments will continue for as long as the dependency exists.
• If you were partially dependent: You may still qualify even if you only relied on some of your loved one’s income. Partially dependent individuals are eligible for proportional payments based on their level of dependency. These benefits are paid weekly.

Support for Children

Children who were dependent on the deceased are protected under Maryland law. Minor children under 18 can receive weekly benefits until adulthood. However, if the child is a full-time student, those benefits may continue until the age of 23.

For children with a mental or physical disability who cannot support themselves, these benefits may continue indefinitely. With this financial consistency, children have access to food, clothing, housing, and education even when a parent’s income is no longer there.

Funeral and Burial Costs

When someone dies suddenly due to a workplace accident or illness, funeral planning is often overwhelming, not just emotionally but financially. Maryland provides up to $7,000 to cover reasonable funeral and burial expenses. This includes costs such as:

• Funeral home services
• Casket or urn
• Burial or cremation
• Transportation of remains

This benefit can reduce the immediate out-of-pocket expenses that grieving families often face. It also helps ensure that your loved one is laid to rest with dignity.

Payments in the Event of Remarriage

Maryland recognizes that life continues, even after loss. For that reason, the law has special provisions for surviving spouses who remarry.

If a wholly dependent spouse remarries and there are no dependent children at that time, they will continue receiving benefits for two additional years. For partially dependent spouses, that two-year extension applies as well.

What If There Are Multiple Dependents?

When more than one person depends on the deceased, such as a spouse and children or multiple family members, the Maryland Workers’ Compensation Commission divides the benefits fairly.

Each dependent’s level of financial reliance is taken into account, and the weekly benefit is apportioned accordingly. The system is designed to ensure that no one is left without the support they need.

Timing Is Important

If you want to receive these benefits, any eligible family member must file a claim with the Maryland Workers’ Compensation Commission. You will need to submit forms and documentation, including:

• A certified death certificate
• Proof of the relationship, such as marriage license or birth certificate
• Medical records or accident reports
• Funeral expense receipts

Remember that claims must be filed within 18 months of your loved one’s passing.

The emotional toll of losing someone you love is immeasurable. If their passing was work-related, you should not also have to worry about how you will pay the bills, feed your kids, or cover funeral expenses.

That’s why Maryland’s workers’ compensation death benefits exist. Whether you’re a spouse, a child, or another dependent, you have the right to financial help.

If you’re unsure where to start, reach out to a Maryland workers’ compensation attorney who can guide you through the claim process and ensure you receive everything you’re entitled to.

At Belsky & Horowitz, LLC, we can assist you during this difficult time.

Schedule a free consultation to learn how we can help.