When a loved one loses their life due to a workplace accident or occupational illness in Connecticut, families may face financial uncertainty. The state’s workers’ compensation system offers death benefits to provide partial financial support during this difficult time. However, navigating the complexities of these benefits can be challenging, and understanding your rights is essential to securing the compensation your family may be entitled to receive.

Who Qualifies for CT Workers’ Compensation Death Benefits?

In Connecticut, death benefits under the Workers’ Compensation Act are primarily available to certain dependents of the deceased worker. Dependents generally include:

• Spouses: Surviving spouses are eligible to receive benefits unless they remarry.
  
• Children: Minor children under 18, full-time students under 22, and dependent children of any age with disabilities may qualify.
  
• Other Dependents: If no spouse or children are eligible, other dependent family members—such as parents, siblings, or grandparents—may receive benefits if they were financially dependent on the worker.
  

How Much Are the Death Benefits?

The weekly compensation for dependents is calculated based on a percentage of the deceased worker’s average weekly wage (AWW), subject to the state’s maximum weekly benefit limits. Connecticut law specifies:

• Weekly Benefit Amount: Typically two-thirds of the worker’s AWW at the time of the fatal injury or illness, capped at the state’s established maximum weekly rate.
  
• Cost-of-Living Adjustments (COLA): For deaths occurring on or after October 1, 1977, surviving dependents may receive annual COLA to account for inflation and rising living costs.
  
• Funeral Expenses: Reasonable burial expenses, up to $4,000, may also be reimbursed to the family or whoever covers these costs.
  

What Is the Duration of Benefits?

Benefit duration depends on the relationship to the deceased and circumstances:

• For a Spouse Without Children: The spouse may receive benefits for life or until remarriage. If the spouse remarries, a lump sum equal to two years of benefits is paid.
  
• For a Spouse With Children: Benefits continue for as long as dependent children remain eligible.
  
• For Dependent Children Alone: Benefits are paid until the children reach 18 or up to age 22 if enrolled in full-time education. Disabled children may qualify for extended benefits.
  
• For Other Dependents: Payments continue as long as dependency exists.
  

What Conditions Must Be Met for Eligibility?

For a family to receive workers’ compensation death benefits in Connecticut, several conditions must be met:

• Work-Related Cause: The worker’s death must result from a compensable injury or occupational illness. This includes accidents at work, long-term exposure to hazardous conditions, or sudden medical emergencies tied directly to employment.
  
• Timely Filing: The family or dependents must notify the employer of the work-related fatality as soon as possible. A formal claim must typically be filed within one year of the date of death, though certain exceptions apply.
  
• Proof of Dependency: Dependents must provide sufficient evidence demonstrating financial reliance on the deceased worker.
  

Can Employers or Insurers Deny Claims?

Yes, claims for death benefits may be disputed or denied by the employer or their workers’ compensation insurer. Common reasons for denial include:

• Disputes Over Work-Relatedness: If the employer or insurer challenges whether the fatality arose out of employment duties.
  
• Missed Deadlines: Late notification or filing may lead to a denial of benefits.
  
• Insufficient Proof of Dependency: Failure to demonstrate financial dependence could result in denial.
  

In such cases, families have the right to contest the denial through Connecticut’s workers’ compensation dispute resolution system, including formal hearings before the Workers’ Compensation Commission.

How to File for Death Benefits in Connecticut

To pursue a claim for workers’ compensation death benefits in Connecticut:

1. Notify the Employer: As soon as possible after the worker’s death, inform the employer of the fatality.
   
2. File a Written Claim: Submit a written claim (Form 30C) with the Workers’ Compensation Commission. This should be done within one year from the date of death.
   
3. Provide Documentation: Include medical records, a death certificate, and evidence of dependency (e.g., tax returns, financial statements) to support the claim.
   
4. Seek Legal Guidance: Consider consulting with a workers’ compensation attorney to navigate potential complexities, especially if the claim faces denial.
   

Special Considerations for Fatal Occupational Illnesses

Connecticut recognizes that not all work-related deaths are immediate or accidental. Occupational illnesses—such as mesothelioma, lung disease, or cancers caused by toxic exposure—can also be compensable under the Workers’ Compensation Act. In these cases, proving the connection between the illness and workplace conditions is critical, and the family may need to provide detailed medical evidence and employment records.

Conclusion

Connecticut’s workers’ compensation system aims to provide essential financial support to families who have lost a loved one due to work-related injuries or illnesses. Understanding the eligibility requirements, benefit calculations, and the claims process is key to securing these benefits. Families should act promptly, gather supporting documentation, and consider legal advice to ensure a smoother path through the process.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating a Workers Comp Claim in Connecticut can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.