When a loved one dies in a workplace accident, the emotional toll is immediate and overwhelming. But for surviving family members, the financial impact can also be devastating. In Massachusetts, workers’ compensation laws provide specific survivor benefits designed to help ease this burden. However, the system can be difficult to navigate, and understanding your rights is essential to securing the compensation you deserve.

Workers’ Compensation and Death Benefits in Massachusetts

Massachusetts law mandates that most employers carry workers’ compensation insurance, which covers medical care and lost wages for employees injured on the job. If a workplace injury results in death, the law extends protections to certain surviving dependents through death benefits.

Death benefits, also known as survivor benefits, offer financial support to help families manage living expenses after the loss of a primary income earner. According to the Massachusetts Department of Industrial Accidents, fatal work injuries accounted for 79 deaths in the state in a recent year—each representing a family facing this difficult process.

Who Is Eligible to Receive Survivor Benefits In Massachusetts?

Eligibility for workers’ comp survivor benefits in Massachusetts centers around dependency. The law specifies who qualifies as a dependent, with the primary focus on spouses and children.

Eligible recipients include:

• Surviving spouse of the deceased worker
• Children under age 18, or up to age 24 if enrolled full-time in an accredited educational institution
• Children of any age who are physically or mentally incapable of self-support
• Other relatives who can prove dependency at the time of death, such as parents or siblings, though this is less common

One key point: the surviving spouse must have been living with the deceased at the time of the injury or death or otherwise receiving support.

What Benefits Are Available to Survivors Through Massachusetts Workers' Comp?

Massachusetts workers’ compensation law provides several types of financial support for eligible survivors. These typically include:

1. Weekly Compensation Payments

The surviving spouse may receive weekly compensation equal to 66% of the deceased worker’s average weekly wage, subject to state-set maximum and minimum limits. As of 2025, the maximum weekly benefit is approximately $1,796.47, though this figure adjusts annually.

2. Cost-of-Living Adjustments (COLA)

Spouses receiving long-term benefits may be eligible for annual cost-of-living increases to account for inflation. Eligibility for COLA typically begins after two years of receiving benefits.

3. Dependent Child Benefits

If dependent children are involved, additional compensation may be available beyond what is paid to the spouse. In some cases, if there is no surviving spouse, benefits may be paid directly to a legal guardian for the benefit of the children.

4. Burial Expenses

The insurer must also cover reasonable burial expenses, up to $4,000. While this may not cover all funeral costs, it helps reduce the immediate financial strain following a workplace fatality.

How Long Do Survivor Benefits Last in Massachusetts?

The duration of survivor benefits in Massachusetts depends on the recipient’s relationship to the deceased and life circumstances.

• Spouse benefits generally continue until the spouse remarries or dies. If remarriage occurs, weekly benefits cease, but a two-year lump-sum payment is provided to assist with the transition.
• Benefits for children continue until age 18 or up to age 24 if the child remains a full-time student. For children who cannot support themselves due to disability, benefits may continue indefinitely.

The Claims Process: How to Seek Survivor Benefits Through Massachusetts Workers' Compensation

Applying for survivor benefits is not automatic. It requires timely action and proper documentation. Here is a step-by-step overview of the typical process:

Step 1: Notify the Employer and Insurer

The employer or the worker’s estate should notify the employer’s workers’ comp insurer of the death as soon as possible. In most cases, the employer also has an obligation to report the fatality to the insurer.

Step 2: Gather Required Documentation

To prove eligibility and dependency, survivors will need to submit several documents, such as:

• Death certificate
• Marriage certificate (for spouses)
• Birth certificates or proof of guardianship (for children)
• Evidence of dependency if required

Step 3: File a Claim

If the insurer does not voluntarily begin benefit payments or denies the claim, survivors may need to file Form 110 – Employee Claim with the Massachusetts Department of Industrial Accidents. This begins a formal legal process for resolving disputes.

Step 4: Appeal if Necessary

If the claim is denied, survivors can request a conference or hearing to appeal the decision. Legal representation is often helpful during this stage, as insurers may dispute eligibility or the amount of compensation.

Common Challenges Survivors Face in Obtaining Survivor Benefits

While the system aims to provide financial relief, navigating it can present obstacles:

• Disputed dependency: If the insurer questions whether a spouse or child was legally dependent, benefits may be delayed or denied.
• Complicated family situations: Families with stepchildren, separated spouses, or other complex dynamics may face additional hurdles.
• Bureaucratic delays: Documentation errors, processing delays, and insurer resistance can slow the flow of benefits at a time when families need them most.

Being prepared with the right evidence and understanding your legal rights can significantly improve your ability to secure benefits.

Why Legal Support Matters

Though families are entitled to workers’ comp survivor benefits, insurers may dispute claims or offer less than what is owed. In these situations, an experienced attorney can make a substantial difference. Legal counsel helps by:

• Ensuring timely filing of claims and appeals
• Gathering necessary evidence of dependency and eligibility
• Negotiating with insurers for full and fair benefits
• Representing the family in hearings if the claim is denied

In Massachusetts, attorneys handling workers’ compensation cases typically work on a contingency basis, meaning they are only paid if benefits are secured.

Conclusion

The loss of a loved one in a workplace accident brings tremendous hardship. While no compensation can replace a life, workers’ comp survivor benefits in Massachusetts can offer much-needed financial support for surviving spouses and children. By understanding who qualifies, what benefits are available, and how to pursue a claim, families can better protect their future during a very difficult time.

If you are navigating this process, seeking qualified legal guidance can help ensure your rights are fully protected and your family receives the support it deserves.

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

If the unfortunate happens and you’ve been injured in an accident in Massachusetts, 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.