When a loved one dies due to a work-related injury or illness, the emotional toll can be overwhelming. For many families, that pain is compounded by the sudden loss of financial support. In Massachusetts, the workers’ compensation system provides death benefits to help surviving dependents manage the economic impact of the loss. Understanding how these benefits work—and who qualifies—is essential for families navigating the aftermath of a workplace fatality.

What Are Workers’ Compensation Death Benefits?

In Massachusetts, workers’ compensation is a no-fault insurance system designed to cover medical expenses and lost wages for employees injured on the job. When a work-related injury or illness results in death, the system provides financial support to eligible dependents.

These death benefits typically include:

• Weekly compensation payments to dependents
• Coverage for burial and funeral expenses
• Potential payment of outstanding medical bills related to the fatal injury or illness

Who Qualifies as a Dependent?

Massachusetts law defines a “dependent” as someone who relied on the deceased worker’s income for support. This determination is often made on a case-by-case basis, but generally includes:

1. Surviving Spouse:

A spouse is considered a presumptive dependent, particularly if they were living with the deceased at the time of death or receiving financial support.

2. Minor Children:

Children under 18 are automatically presumed to be dependents. That age limit can extend to 24 if the child is enrolled in full-time education.

3. Disabled Adult Children:

If a child is physically or mentally incapacitated from earning a living, they may remain eligible beyond age 18.

4. Other Family Members:

In rare cases, other relatives (like elderly parents or grandchildren) may qualify if they can prove financial dependence on the deceased.

Weekly Benefit Payments

The primary component of death benefits is the weekly compensation paid to dependents. These payments are based on a percentage of the deceased worker’s average weekly wage (AWW) prior to the fatal incident.

• Percentage: Dependents may receive up to 66% of the deceased worker’s AWW.
• Maximum Cap: Payments cannot exceed the state’s average weekly wage, which adjusts annually. For 2024, the cap was approximately $1,796 per week, according to the Massachusetts Department of Industrial Accidents.
• Duration: A surviving spouse without dependent children is eligible for lifetime benefits unless they remarry. If remarriage occurs, a two-year lump sum may be provided instead.
• Children's Benefits: If minor children are also dependents, the spouse receives an additional $6 per child per week.

Burial and Funeral Expense Coverage

In addition to weekly payments, the insurer must cover reasonable burial and funeral costs. Massachusetts currently caps this reimbursement at $4,000, though this may not always cover all expenses.

What If the Death Was Caused by Occupational Illness?

Death benefits are available not only for workplace accidents but also for fatalities caused by occupational diseases. For instance, exposure to toxic chemicals, asbestos-related illnesses, or repetitive strain conditions can qualify—provided the death can be directly linked to work-related activity. Proving that connection may require medical records, expert testimony, or a history of similar worksite exposure.

How Long Do Families Have to File?

Timeliness is critical in these cases. Families must notify the employer or insurer of the fatality as soon as possible and file a claim for death benefits within four years of learning that the death was related to a work injury or illness.

Waiting too long can jeopardize eligibility, even if the connection to employment seems clear. For deaths tied to long-term occupational diseases, the clock typically starts ticking once a medical diagnosis establishes the work-related cause.

How Are Disputes Handled?

If the insurance company denies the claim or disputes the cause of death, the case can be brought before the Massachusetts Department of Industrial Accidents. The process may involve:

• A conciliation meeting to attempt resolution
• A conference before an administrative judge
• A formal hearing if necessary

Claimants are allowed—and often encouraged—to work with a qualified workers’ compensation attorney, especially when facing pushback from an insurer.

Special Considerations in Workplace Deaths

While the Massachusetts workers’ comp system offers essential financial relief, it may not account for all losses. For example:

• Emotional distress, pain, and suffering are not compensable under workers’ compensation.
• If a third party (e.g., a contractor, equipment manufacturer) contributed to the fatality, the family may have grounds for a separate wrongful death lawsuit outside of the workers’ comp system.

Pursuing a civil claim can offer additional compensation beyond what is allowed through workers’ comp, but it requires a separate legal process and different standards of proof.

Statistics on Workplace Fatalities in Massachusetts

According to the U.S. Bureau of Labor Statistics, 63 workers in Massachusetts died from occupational injuries in 2022. While this figure fluctuates year to year, the common causes include transportation incidents, slips or falls, and exposure to harmful substances. Construction, manufacturing, and health care are among the higher-risk sectors in the state.

These numbers illustrate the importance of robust workers’ compensation protections—and the need for families to understand their legal rights when tragedy occurs.

Conclusion

Massachusetts workers’ compensation death benefits provide a financial safety net to families grappling with the loss of a loved one due to a work-related tragedy. While the weekly payments and funeral coverage can never replace the person lost, they can ease the financial burden and help surviving dependents regain some stability. Understanding who qualifies, how benefits are calculated, and what steps to take can make a significant difference during an already difficult time.

Injured? The Office of Brandon J. Broderick, Workers Compensation Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.