Workers’ Compensation Death Benefits

Who is eligible for workers’ compensation death benefits?

In order to receive death benefits, a work-related injury or illness must have either caused or contributed to your loved one’s death. This also applies to the deaths of workers who had underlying medical conditions.

Family members eligible to receive death benefits in Mississippi include:

• The deceased worker’s spouse
• Unmarried children under the age of 18
• Unmarried children up to age 23 who are pursing full-time education, and
• Unmarried children of any age who are disabled or unable to support themselves

Death benefits don’t always apply to only close relatives and dependents. If the deceased worker didn’t have a spouse or children, other relatives may be eligible to receive compensation. The benefits would be 15 percent of the deceased person’s average weekly wages, up to a maximum limit. However, they are only able to receive benefits if they can prove that they depended on the deceased worker for financial support.

These relatives can include:

• Unmarried siblings or grandchildren under 18
• Unmarried siblings or grandchildren up to age 23 pursuing full-time education
• Unmarried siblings or grandchildren who are disabled or unable to support themselves
• A parent, or
• A grandparent

How much will I receive in benefits?

Death benefits are typically paid in weekly installments and determined by the deceased worker’s earnings. The amount paid in each installment depends on who is receiving benefits:

• Spouse only: The deceased person’s spouse would receive a one-time payment of $1,000, as well as 35 percent of weekly wages in weekly payments.
• Spouse and children: The deceased person’s spouse would receive the one-time payment of $1,000 and 35 percent of weekly wages. Any dependent children would receive 10 percent of the average weekly wages. In the event that the spouse becomes deceased or remarries, the children’s weekly benefits would be increased to 15 percent.
• Children only: If there is no spouse at the time of the worker’s death, each dependent child would receive 25 percent of the deceased person’s average weekly wages.

Losing a loved one due to a work-related injury or illness can be devastating and result in prolonged grief and suffering. Our firm wants to help you through these difficult times. With a vast amount of legal knowledge and experience, we are dedicated to helping families navigate the process of receiving death benefits.

Contact us today for a confidential free consultation. You can also call us at (833) 352-8579.