Pennsylvania Workers’ Compensation Death Benefits Information
Burial/Funeral Expenses: Death prior to August 30, 1993 Burial Expenses $1,500. Death on or after August 31, 1993, funeral expenses increased to $3,000. (Section 307(6))
Dependent Beneficiaries: A widow/widower living with the decedent husband at the time of death or was dependent upon the decedent and receiving a substantial portion of her support from the decedent. Children under the age of 18 who are members the decedents household at the time of death. This includes step children, adopted children, and children to who the decedent stood in loco parentis and children born posthumously. Parents, brother and sisters may also be entitled to benefits.
Calculation of Benefits: In the case of death, shall be wages of the deceased be taken to be less than fifty per centum of the Statewide average weekly wage. For 2013 death claims, if decedent’s average weekly wage is less than $458.00 (50%of the statewide average weekly wage) the wages for the purposes of payment to the following beneficiary’s benefits are calculated as if he earned $458.00 not any less than that amount. (Section 307)
Duration of Benefits: Widows and widowers upon death or remarriage benefits shall cease. However in the case of a widow is she remarries, she shall receive a “dowry” of a lump sum payment of 104 weeks of benefits. Widow’s benefits can be terminated if it is proven that she is living a life of prostitution. If it is proven that the widow or widower is living with a man or woman, in a meretricious relationship and not married, benefits can be terminated. Compensation shall be paid to children, brothers and sisters while they are under the age of 18 unless the child, brother or sister is dependent due to disability then benefits shall continue during the disability. Benefits shall continue after the age of 18 if they are enrolled as a full time student in any accredited educational institution until the age of 23.
PITTSBURGH
HARRISBURG
SCRANTON
PHILADELPHIA
(412) 563-2500
(717) 975-9600
(570) 347-0600
(610) 567-0700
MARLTON
WHEELING
(856) 761-3800 (304)232-3600
WWW.C-WLAW.COM
CHARLESTON (304)341-0500
Pennsylvania Workers’ Compensation Death Benefits Information Beneficiaries and Benefits Payable: If there is no widow or widower compensation shall be paid to the guardian of the child or children or, If there be no guardian, to such other persons as may be designated by the Board as follows: (Section 307 1.) One child 32% of the wages of the deceased. (Section 307 (1)(a)) Two children, 42% of the wages of the deceased, (Section 307 (1)(b)) Three children, 52% of the wages of the deceased. (Section 307 (1)(c)) Four children, 62% of the wages of the deceased. (Section 307 (1)(d)) Five children, 64% of the wages of the deceased. (Section 307 (1)(e)) Six or more children, 66% of the wages of the deceased (Section 307 (1)(f)) To the widow or widower with no children, 51% of the wages of the deceased. (Section 307 (2)) To the widow or widower, with is one child, 60% of the wages of the deceased. (Section 307 (3)) To the widow or widower with two children, 66% of the wages of the deceased. (Section 307 (4)) To the widow or widower, with three or more children, 66.6% of the wages of the deceased. (Section 307 (4.5)) If there is neither widow nor widower, no children entitled to compensation, then to the father or mother, if dependent to any extent upon the decedent at the time of death, 32% of the wages. In the case of a minor child who has been contributing to his parents, the dependency of said parents shall be presumed that the father and mother were totally dependent upon the deceased employe at the time of injury, the compensation payable at 52% of the wages, (Section 307 (5)) If there is no widow or widower, children, or dependent parent, then to the brothers and sisters, if actually dependent upon the decedent for support at the time of death, 27% of wages for one brother or sister, and 5% for additional for each additional brother or sister up to a maximum of 32% of wages. Such benefits to be paid to their guardian, if no guardian, then to such person as may be designated by the Board. (Section 307 (6))
PITTSBURGH
HARRISBURG
SCRANTON
PHILADELPHIA
(412) 563-2500
(717) 975-9600
(570) 347-0600
(610) 567-0700
MARLTON
WHEELING
(856) 761-3800 (304)232-3600
WWW.C-WLAW.COM
CHARLESTON (304)341-0500