Sadly, workers die in workplace accidents every year in Minnesota. Grieving family members receive benefits to help them financially recover from their loved one’s death. Minnesota considers these benefits part of workers’ compensation. Like for other workers’ compensation benefits, the employer’s insurance company foots the bill.
Under Minnesota law, dependents of a worker killed on the job will receive at least $60,000 in benefits. If a worker had no dependents, his or her estate will receive $60,000. Dependents include the spouse, minor children, and other dependents (such as parents) of a deceased worker. Children up to age 25 are dependent if they are full-time students. Further, children who are physically or mentally unable to work and are over age 18 are dependents. Death and dependency benefits are calculated based on the deceased’s family situation and weekly wage when injured. (Minn. Stat. § 176.111.)
If the deceased worker leaves behind a dependent spouse and no dependent children, the spouse will receive weekly benefits of 50 percent of the worker’s weekly wage when injured. These benefits will continue for 10 years, including adjustments to account for changes in the statewide average weekly wage (SAWW).
If the deceased worker leaves behind a dependent spouse and one dependent child, the spouse will receive weekly benefits of 60 percent of the worker’s weekly wage when injured until the child is no longer a dependent. Then the surviving spouse will receive weekly benefits at a reduced rate for ten years. The rate will be 16.66 percent less than the last weekly payment received when the child was still a dependent. These benefits are adjusted for SAWW changes.
If the deceased worker leaves behind a dependent spouse and two dependent children, the spouse will receive weekly benefits of 66.66 percent of the worker’s weekly wage when injured until the last child is no longer a dependent. Then the surviving spouse will receive weekly benefits at a reduced rate for ten years. The rate will be 25 percent less than the last weekly payment received when the last child was still a dependent. These benefits are adjusted for SAWW changes.
If the deceased worker leaves behind only an orphan child, he or she will receive weekly benefits of 55 percent of the worker’s weekly wage when injured. Multiple orphan children will receive 66.66 percent of the wage. Parents of deceased workers who have no surviving spouse or children are entitled to benefits as well. The state of Minnesota also provides for payment of up to $15,000 in burial expenses for a worker killed in a workplace accident. (Minnesota Statute 176.111.)
There are many more complexities to calculating death and dependency benefits that will be discussed in future blogs. In the meantime, seek out a workers’ compensation lawyer if your loved one was killed on the job to ensure you get compensation from the insurance company.
Need help getting workers’ compensation for a loved one’s fatal accident? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.
