The dependents of an employee who dies as a result of an industrial accident, or who dies as a result of allowed medical conditions in an existing workers' compensation claim, are entitled to death benefits. The right of the dependents to pursue death benefits is independent of the rights of the deceased employee.
For instance, if the employee died as a result of a heart attack, and he/she had a workers' compensation claim previously allowed for a heart condition, the dependents would be entitled to death benefits even if the employee had previously settled his/her workers' compensation claim with the Bureau of Workers' Compensation or self-insured employer.
If the deceased worker has no dependents, no compensation is payable; however, bills for medical services, hospital services, etc. will be paid along with funeral expenses not to exceed $3,200 to anyone who pays them, whether dependent, volunteer or otherwise.
Wholly dependent persons are presumed to be the following:
(1) Surviving spouse living with employee at time of death, or separated due to the aggression of the decedent;
(2) a child under the age of 18 or 25 if pursuing a full-time educational program or over 25 if physically or mentally incapacitated from earning and is receiving more than half of his support from decedent with whom he is living or for whose maintenance decedent was legally liable.
When more than one person is wholly dependent, the Administrator shall apportion the benefits.
Payments shall continue to the dependent surviving spouse from date of the Injured Worker's death to date of death or remarriage of the surviving spouse. If the surviving spouse remarries, an amount equal to two years shall be paid in a lump sum.
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