If a worker dies as the result of injury or exposure on-the-job, death benefits are paid to the surviving spouse and to any minor children (or under certain circumstances, other dependent relatives of the deceased worker). There is a maximum cap on the amount of such benefits.

Also, dependency benefits are usually paid to the dependents of the deceased worker. The law usually determines dependency status, but a spouse and children living with the decedent at the time of his or her death are in many jurisdictions presumed to be dependents. The amount of the dependency benefits is usually determined by the wages in effect at the time of the accident. A spouse cannot recover for loss of consortium or services through workers' compensation.

(Reviewed 9-08)