When a worker loses their life due to a job-related injury or illness, Ohio’s workers’ compensation system provides financial support to surviving family members. These benefits are designed to ease the financial burden caused by the loss of income and help families navigate a difficult transition. Understanding how these benefits work, who qualifies, and what compensation may be available is essential for families seeking security after such a devastating loss.

Who Is Eligible for Ohio Workers’ Compensation Death Benefits

Eligibility is one of the first issues families encounter when applying for benefits. In Ohio, dependents of the deceased worker are typically entitled to receive support.

Primary Dependents

The law recognizes certain family members as primary dependents:

• A surviving spouse
• Minor children under the age of 18
• Children up to 25 who are full-time students
• Adult children who are physically or mentally incapacitated and unable to support themselves

Secondary Dependents

Other family members, such as parents, siblings, or other relatives, may be considered if they can prove financial dependency on the deceased worker. However, these claims are reviewed closely and approved only when evidence clearly establishes reliance on the worker’s earnings.

Types of Compensation Available Under Ohio Workers' Comp

Workers’ compensation death benefits in Ohio provide several forms of financial support. These payments are intended to cover immediate expenses as well as long-term needs for surviving dependents.

Weekly Compensation Payments

The most significant benefit is the weekly wage replacement. Eligible dependents typically receive two-thirds of the deceased worker’s average weekly wage, up to a maximum set by the Ohio Bureau of Workers’ Compensation (BWC). These payments continue for as long as the dependent remains eligible under state law.

Funeral and Burial Expenses

Ohio also covers reasonable funeral and burial expenses up to a statutory limit. As of recent updates, the maximum benefit is $7,500. Families should keep receipts and documentation to ensure proper reimbursement.

Continuing Benefits for Spouses

A surviving spouse is entitled to weekly benefits until remarriage or death. If the spouse remarries, they receive a two-year lump-sum payment in place of ongoing weekly benefits.

Continuing Benefits for Children

Dependent children receive payments until age 18, or 25 if they remain in school. Children with permanent disabilities may be entitled to benefits for life.

How to File a Death Benefits Claim in Ohio

Filing a claim requires attention to detail and timely action. Claims are made directly with the Ohio Bureau of Workers’ Compensation.

Filing Steps

1. Submit the Application: The claim form, known as the “Application for Death Benefits” (C-5), must be filed with the BWC.
2. Provide Documentation: Families must provide a death certificate, medical evidence linking the death to a work-related injury or illness, and proof of dependency.
3. Review and Decision: The BWC reviews the claim, including medical records and employer reports, before issuing a decision.

Time Limits to File

Ohio law requires that claims for death benefits be filed within two years of the worker’s death. Missing this deadline can permanently bar families from recovering benefits.

Common Challenges in Receiving Workers' Comp Death Benefits

While workers’ compensation is meant to provide straightforward relief, disputes often arise.

Disputes Over Cause of Death

Employers or insurers may contest whether the death was directly related to a workplace injury or occupational disease. For example, if a worker suffered a fatal heart attack, arguments may arise over whether job stress or unrelated medical conditions were responsible.

Questions of Dependency

Claims from secondary dependents often face challenges. A parent or sibling may struggle to prove they were financially reliant on the deceased worker. Detailed financial records and testimony are often required.

Appeals Process

If a claim is denied, families have the right to appeal. The Industrial Commission of Ohio handles appeals and conducts hearings to resolve disputed issues. While the process can be complex, many families are able to secure benefits through persistence and strong evidence.

How Ohio Workers’ Compensation Death Benefits Compare Nationally

Each state handles workers’ compensation differently, and Ohio’s system has unique features. For instance, Ohio operates a state-run insurance fund, unlike many states where private insurers administer benefits. The state-set limits on weekly compensation and funeral expenses may be lower or higher than neighboring states. For example, Pennsylvania allows up to $7,000 in funeral expenses, while Kentucky caps benefits at $5,000. Knowing these differences can help families understand the scope of Ohio’s protections.

Why Legal Guidance Can Be Important

Although families can file claims on their own, legal representation often improves outcomes. A lawyer familiar with Ohio workers’ compensation law can:

• Gather medical evidence linking the death to workplace conditions
• Establish dependency for spouses, children, or other family members
• Represent the family during appeals or hearings
• Ensure benefits are calculated correctly based on wages

Statistics suggest that contested workers’ compensation claims are more likely to succeed when handled by experienced counsel, particularly when disputes involve medical causation or dependency status.

Financial and Emotional Impact of Benefits

The loss of a wage earner affects both immediate and long-term financial stability. Weekly benefits provide a lifeline, allowing families to cover mortgage payments, education costs, and daily living expenses. Just as importantly, the system acknowledges the sacrifices workers make by ensuring their dependents are not left unsupported. While no amount of money replaces a loved one, death benefits create a measure of security during an otherwise overwhelming time.

Steps Families Should Take Immediately

When a workplace death occurs, families can protect their rights by acting promptly:

• Obtain the death certificate and request copies for claim submission
• Gather medical records and accident reports linking the death to work activity
• Collect financial documents showing dependency, such as tax returns or joint bank statements
• File the claim within the two-year limit to avoid forfeiting benefits

Being proactive with documentation and deadlines helps streamline the process and reduces the risk of delays or denials.

Conclusion

Ohio workers’ compensation death benefits provide essential financial support for families facing the loss of a loved one due to a workplace injury or illness. While the system offers weekly payments, funeral cost coverage, and continuing benefits for dependents, the process can be complicated by disputes over eligibility, cause of death, or dependency. Families who understand their rights, gather strong documentation, and seek legal assistance when needed are better positioned to secure the compensation they deserve. By navigating the process effectively, surviving family members can find a measure of financial stability during a profoundly difficult period.

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

Navigating Ohio Workers Compensation claims 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.