Ideally, when you are receiving workers’ compensation benefits in Arizona, you will continue to receive them until you reach your point of maximum medical improvement or fully recover.
But what happens if, because of your work-related injury or medical condition, you don’t recover, but die instead? How does this affect the workers’ comp payments you may already be receiving? What benefits might be available to the loved ones you leave behind?
Who may receive what in terms of workers’ compensation support upon your death depends on several circumstances. In this post, we consider those circumstances and the effects they can have on your loved ones.
To learn more about Arizona workers’ compensation benefits, call Matt Fendon Law Group at (800) 229-3880 to speak with a compassionate and experienced workers’ comp attorney.
What if a Worker Dies Apart from a Work Injury?
If the cause of a worker’s death is not work-related, then any ongoing temporary workers’ compensation disability benefits that are meant to partially replace lost wages cease immediately upon death.
If the worker was receiving permanent workers’ compensation benefits, these end after the death of the worker. However, if there is a scheduled permanent disability benefit award, it will be paid out in full to the estate.
Although any outstanding medical bills related to the work injury can still be paid, no new medical expenses will be covered.
What if You Are Receiving a Workers’ Comp Lump Sum Settlement?
If you choose to receive workers’ comp benefits as a lump sum payment instead of scheduled monthly payments, but the ICA has not yet approved your agreement or the award from the ICA is not final, then no settlement will be paid.
If the ICA has approved your full and final settlement, and it is final by operation of law, then the payment goes to your estate’s personal representative.
What Happens if a Dispute Exists About Workers’ Comp Benefits Payable to Your Estate?
Under ARS 23-1068(C), any dispute about direct payment or credit against medical or compensation benefits is resolved under the provisions of ARS 23-1061(J).
- Your personal representative must file a claim for any disputed temporary partial disability benefits within two years after the date when the disputed relevant benefits award accrued or within two years after the date on which an award for benefits encompassing the entitlement period becomes final.
- This date is when you knew or reasonably would have known that the workers’ comp insurer (or the Arizona workers’ compensation special fund if the employer did not carry workers’ comp insurance) improperly denied compensation.
The ICA investigates disputed claims of the personal representative. If the ICA determines that the denial of compensation was improper, it will hold a hearing within 60 days of receiving notice of the impropriety.
Death Benefits for Dependents of a Deceased Injured Worker
Arizona workers’ compensation offers surviving family members a range of benefits for fatal work accidents, based on ARS 23-1046.
We outline these benefits and who can receive them below:
- Up to $5,000 for your burial (separate from dependents’ benefits).
- If you have a spouse but no children, then your spouse will receive 66⅔% of your average monthly wage until your spouse remarries or dies, with an additional two years’ compensation upon remarriage.
- If you have a spouse and surviving children, then your spouse is entitled to receive 35% of your average monthly wage until the spouse dies or remarries, and with an additional two years of compensation on remarriage.
- Your surviving children are entitled to split an equal share of 31⅔% of your average monthly wage until they reach age 18 (age 22 if a child is enrolled as a full-time student at an accredited institution). If a child is incapable of self-support, then this benefit continues until he or she becomes capable.
- When all your surviving children are no longer eligible for benefits, then your spouse receives the 66⅔% benefits amount until death or remarriage.
- Your surviving children are entitled to split an equal share of 31⅔% of your average monthly wage until they reach age 18 (age 22 if a child is enrolled as a full-time student at an accredited institution). If a child is incapable of self-support, then this benefit continues until he or she becomes capable.
- If you have children but no surviving spouse, or your spouse dies or remarries, then a single surviving child receives 66⅔% of your average monthly wage, subject to the age and self-support limits above.
- If you have more than one surviving child and no surviving spouse or your spouse remarries, then the children divide equally 66⅔% of your average monthly wage (again subject to the age and self-support restrictions above).
- If you have no surviving spouse and no child under age 18, but a surviving parent who is wholly dependent on your support, then the surviving parent receives 25% of your average monthly wage. If you have two dependent parents, this increases to 40%.
- If you have no surviving spouse and no child under age 18, but either or both of your parents are partly dependent on you, then 15% of your average monthly wage is paid evenly to them.
- If you have no surviving spouse, no dependent child under 18, and no partly dependent parents, but have one surviving brother or sister under age 18 who was wholly dependent on you, then that person receives 25% of your average monthly wage until age 18.
- If you have no surviving spouse, no dependent child under 18, and no partly dependent parents, and have more than one dependent sibling who depends wholly on you, then they split evenly from 35% of your average monthly wage until they reach age 18.
- If you have no surviving spouse, no dependent child under 18, and no partly dependent parents, but have siblings under age 18 who are partly dependent on you, then they evenly split from 15% of your average monthly wage.
- If anyone in your family partially depended on you, then how much of your average monthly wage they receive is based on a formula used by the Industrial Commission of Arizona (the ICA), for up to 100 months.
- If your eligible dependent dies before the expiration of time that person is entitled to receive benefits, then workers’ compensation can pay up to $800 for funeral expenses for the deceased dependent.
Do You Have Questions About Arizona Workers’ Compensation Benefits?
The kinds of workers’ comp death benefits available to your surviving dependents or your estate under Arizona state law after a fatal accident at work can be a complex subject.
You can count on the Arizona workers’ compensation attorneys at Matt Fendon Law Group to help you understand how Arizona workers’ compensation laws apply to your unique situation.
We are workers’ compensation specialists. Since 2008, we have been helping injured workers and their family members in Arizona receive maximum compensation.
Call us at (800) 229-3880 to speak with an experienced Arizona workers’ compensation lawyer or use our contact form to get in touch. You can also schedule a free consultation with one of our law firm’s attorneys for your workers’ compensation claims.
