Paa as7. DEATH BENEFITS
Are death claims treated the same as disability claims?
Generally, the same principles apply to death cases. The issues discussed in Chapter 4 above regarding when and where workers are covered by workers' compensation apply to death cases. In general, the question of causation is treated the same in death cases as in disability cases. A major difference is that in death cases there must be a dependent in order to receive wage loss benefits. It sometimes happens that a childless, unmarried worker is killed on the job leaving no dependents. In that case, his or her estate receives a burial allowance of up to $6,000 but nothing else.
Who are considered "dependents" of the deceased worker?
Children of a deceased worker are conclusively presumed to have been dependent upon the worker. All other individuals including a spouse must prove that they were, in fact, dependents of the deceased worker. If they were only partially dependent upon the worker, this will reduce the amount of benefits that they can receive.
What is the rate of death benefits?
Generally speaking, the amount of benefits is 80 percent of the after-tax value of the wages the worker was receiving at the time he or she was injured.
Section 356(2) provides for a minimum benefit rate in death cases. The rate is 50 percent of the state average weekly wage as of the date of injury. This is one of the few circumstances in which a benefit rate can actually be higher than 80 percent of the after-tax value of the injured worker's earnings. The calculation of the average weekly wage is discussed more fully in Chapter 9.
Coordination of benefits discussed in Chapter 9 does not apply to death cases. How long are death benefits paid?
Except in the case of minor children, death benefits are paid for a total of 500 weeks. If disability benefits were paid before the worker died, the 500 weeks are reduced accordingly. Assume John Doe contracted silicosis while working in a foundry. Assume that he was disabled and paid disability benefits for 200 weeks at which time he died. His widow would be entitled to 300 weeks of death benefits (500 less 200 weeks of disability benefits).
If there is a dependent child, benefits continue for a longer period of time. If the child is physically or mentally incapacitated, benefits can continue indefinitely.
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Yeah, I did. After 20 years as a farm hand, construction worker, asst. grocery store manager, house painter and a research chemist, I decided to give it a fling...working for the government.
I hope that you know I was being facetious. Aside from the fact you mentioned it earlier, anybody who has been here as long as I have should pick up on that. Therefore I will defer to your expertise... I posted above what Michigan WC provides by law, in the case of an on the job death. It does seem rather Germaine to this discussion.
