Understanding Washington D.C. Workers’ Compensation Death Benefits

What Are Death Benefits For A Surviving Spouse In Washington, DC?

As in most states, an injured worker can receive benefits to replace their lost income, as well as medical treatment and expenses. Within those broad categories, there are a number of specific benefits a worker may be entitled to, depending on the nature of their injury. Workers’ compensation benefits are not taxable. One of those benefits available to injured workers and their families after a work injury is death benefits for a surviving spouse following a fatal work accident.

Despite advances in safety, technology, and training, the fact remains that many jobs are dangerous. Even seemingly safe occupations involve some risk of injury and death. And the workers’ compensation system can be tricky and complex. After you’ve lost a loved one to a fatal work accident or deadly occupational disease, the last thing you need to worry about is speaking to the insurance adjuster or trying to find all the answers yourself.

Who Is Entitled To Washington D.C. Workers’ Compensation Death Benefits?

According to Washington D.C. law, widows, widowers, and surviving children are entitled to workers’ compensation benefits for the death of a spouse or parent that occurred on the job. Dependency is determined at the time of the injury, or, in the case of an occupational disease, when the worker had notice of the occupational disease. Most disputes regarding death benefits occur when the worker and their spouse are separated, or whether there is a dispute as to whether they were married.

How Long Do You Have To File A Workers’ Compensation Death Benefits Claim?

In Washington D.C., workers’ compensation death benefits must be filed within 1 year from the date of the fatal accident or occupational exposure that led to your loved one’s death.

What Type of Benefits Are Available To You & Your Children?

If a deceased worker leaves a spouse, but no children, the surviving partner will receive 50% of the deceased worker’s average weekly wage. If the deceased left one widow and a child, the child will receive an additional amount of 16 2/3% in addition to the widow/widower’s 50% benefit rate. If the deceased left just children behind, the benefits would then be divided amongst them at 2/3 the average weekly wage. So on and so forth. If there are other family members that were dependent upon the deceased at the time of the injury, the total will be divided 2/3 of the worker’s weekly average wage.

Benefits for funeral expenses are also available, and any medical expenses associated with the injury or death would be covered by the workers’ compensation insurance company. Notably, Washington D.C. law does not include compensation for pain and suffering or other non-economic damages. While the damage a surviving spouse and children will endure following the fatal work accident or illness will be great, unfortunately, Washington D.C. does not have compensation available for intangible losses.

How Long Can You Receive Death Benefits?

In Washington, DC, the provision of death benefits for surviving families is not limited by time constraints. It ensures that surviving spouses can receive workers’ compensation benefits for an extended duration, as long as they do not remarry or enter into a domestic partnership. If, however, a surviving spouse decides to remarry or enter a domestic partnership, they are entitled to receive a lump sum payment equivalent to two years’ worth of benefits. Additionally, this provision extends to the children of the deceased worker, who will experience an increase in their compensation. Surviving children will continue to receive death benefits until they reach the age of 18, or until the age of 23 if they are still pursuing their education. This framework aims to provide long-term financial support and stability to families affected by work-related tragedies, emphasizing the importance of workers’ compensation in safeguarding their well-being.

Let An Experienced Workers’ Compensation Attorney Fight For You & Your Family

Our clients have the privilege of working with Frank Kearney, one of the most experienced Washington D.C. Workers’ Compensation and trial attorneys in the DMV. Frank Kearney, who literally wrote the book on Washington D.C. workers’ compensation, provides expert guidance and representation to our clients. In addition to his expertise, our clients benefit from our proprietary plan for handling their case and our confidential playbook, ensuring they are informed and involved in every step of the process.