Survivor Benefits Available for Families of Injured Workers

September 29, 2012

The death of a loved one is emotionally difficult, and when the deceased is a family's breadwinner, the pain may be financial as well as emotional. Fortunately, Massachusetts' worker's compensation program and the Social Security Administration (SSA) provide benefits for the survivors of deceased workers. Additionally, the Occupational Safety and Health Administration (OSHA) is working to keep families better informed during its investigations of fatal workplace incidents. These programs help to provide vital benefits to families in their times of need.

OSHA Improves Communication with Families

Recently, OHSA issued a directive that teaches OSHA representatives how to facilitate successful communication with the families of deceased workers during a fatal accident investigation. Representatives are encouraged to contact families early in the investigation process to establish relationships with them and give families a point of contact throughout the investigation.

OSHA representatives will then keep affected families informed throughout the investigation process and provide support during settlement. Representatives provide timelines to families so they can track OSHA's progress and give families copies of the citations issued to employers after the investigation is complete. OSHA's new directive should improve communication between the agency and deceased workers' families and keep these families well-informed.

Massachusetts Worker's Compensation Survivor Benefits

While support during the OSHA investigation process is important, providing benefits to surviving family members is also essential. In the state of Massachusetts, employers provide worker's compensation survivor benefits to the spouses and dependent children of workers who have died due to a workplace injury or illness. It also provides $4,000 in burial expenses for the deceased.

Survivors may receive weekly benefits equal to two-thirds of the deceased worker's average weekly wage up to $1,135.82, which was the state's average weekly wage for October 1, 2011, through September 20, 2012. After receiving benefits for two years, spouses may be eligible for an annual cost-of-living adjustment to their weekly benefits. Spouses remain eligible for survivor benefits as long as they do not remarry.

The Social Security Administration Also Provides Survivor Benefits

In addition to worker's compensation, some families may be eligible for survivor benefits from the Social Security Administration. The sum of survivor benefits is determined by the number of years a deceased worker has paid into the Social Security system.

The spouse of a deceased worker is eligible for the deceased's full benefit if he or she is at full retirement age, 71.5 to 99 percent of benefits if age 60 or 71.5 percent of benefits if the spouse is 50 and considered disabled according to SSA eligibility rules. Remarriage does not affect a spouse's eligibility after age 60.

The deceased worker's children are also eligible for survivor benefits if they are under the age of 18 or were disabled before the age of 22. Children under 18 may receive 75 percent of a deceased worker's benefit. The dependent parents of a deceased worker may also be eligible for benefits.

The death of a loved one is a trying time for any family. Fortunately, benefits are available for many family members that are left behind. To discover whether or not you may be eligible for survivor benefits following the death of a loved one, please contact an experienced disability attorney to explore your options.

Article provided by Pulgini & Norton, LLP
Visit us at www.pulgininorton.com