Who Qualifies for Death Benefits in Pennsylvania?

In Pennsylvania, workers’ compensation provides benefits to certain surviving family members when a worker dies due to a job-related injury or illness. Not all family members are automatically eligible. The law clearly outlines who can receive compensation, and for how long.

Eligible beneficiaries typically include:

  • Spouses who were living with the deceased at the time of death.
  • Children under 18, or up to age 23 if enrolled full-time in school.
  • Dependent children of any age who are physically or mentally incapacitated.
  • Dependent parents and siblings, if they relied on the deceased for financial support.

Eligibility is dependent on proving financial dependency at the time of the worker’s death. For example, a parent may be eligible only if the worker supported them in some significant way, and this support must be documented.

How Much Do PA Workers’ Comp Death Benefits Pay?

The amount awarded to surviving dependents is based on a percentage of the deceased worker’s average weekly wage (AWW), subject to a maximum weekly cap that is adjusted annually by the Pennsylvania Department of Labor & Industry.

Here’s a general breakdown:

  • A surviving spouse with no children typically receives 51% of the worker’s AWW.
  • A spouse with one child receives 60%.
  • A spouse with two or more children receives 66.67%.
  • If there is no spouse, eligible children may receive up to 66.67%, divided equally.
  • Dependent parents or siblings may receive smaller percentages, depending on the number of dependents and the level of financial dependency.

For 2025, the maximum weekly benefit is around $1,325. The state updates this number each year based on statewide average wages.

Duration of Benefit Payments

The length of time benefits are paid depends on the recipient’s relationship to the deceased and other eligibility factors:

  • Spouses receive benefits for life unless they remarry. Upon remarriage, a spouse is issued a lump-sum payment equal to 104 weeks of compensation.
  • Children receive benefits until age 18, or until age 23 if attending school full time.
  • Dependent children with disabilities may continue receiving benefits indefinitely.
  • Dependent parents or siblings receive payments only while financial dependency continues, and these may be subject to review.

Funeral and Burial Expense Reimbursement

Pennsylvania workers’ compensation also covers funeral expenses up to $7,000, payable directly to whoever handled the arrangements. This is a separate payment and does not impact the weekly death benefit amount.

What Counts as a Work-Related Death?

To qualify for benefits, the death must be directly linked to the person’s job. This includes:

  • Fatal injuries occurring on the job site
  • Illnesses contracted due to occupational exposure (e.g., asbestos, toxic chemicals)
  • Fatal accidents while performing job duties off-site (such as delivery or transportation roles)

Survivors must show that the injury or illness was a substantial contributing factor to the death. In some cases—especially those involving preexisting conditions—employers or insurers may dispute the connection.

How to File a Death Benefits Claim in Pennsylvania

A claim must be filed within three years of the worker’s death. To begin the process:

  1. Notify the employer as soon as possible.
  2. File a claim petition with the Pennsylvania Bureau of Workers’ Compensation.
  3. Provide medical documentation showing the cause of death and its link to employment.
  4. Submit proof of relationship and dependency, such as marriage certificates, birth certificates, or financial records.

In disputed cases, a workers’ compensation judge may be assigned to resolve the matter. Representation by an experienced workers’ comp attorney is often recommended, especially if dependency or causation is contested.

Can Employers or Insurers Deny Death Benefits?

Yes. Common reasons for denial include:

  • The death was not work-related.
  • The decedent was not considered an employee under Pennsylvania law.
  • The family missed the statute of limitations.
  • The claimant cannot prove dependency.

If denied, survivors may appeal the decision. The appeal process begins with a hearing before a workers’ compensation judge, followed by possible appeals to the Workers’ Compensation Appeal Board and Commonwealth Court.

How Long Does It Take to Receive Benefits?

There is no exact timeline, especially if the claim is disputed. In uncontested cases, payments may begin within a few weeks after all documentation is submitted. Contested cases involving litigation may take several months—or longer—to resolve.

Families are encouraged to keep detailed records and act quickly to avoid delays. Involving an attorney early can also help streamline the process and ensure all eligibility requirements are met.

Are Death Benefits Taxable in Pennsylvania?

No. Under both federal and Pennsylvania tax law, workers’ compensation death benefits are not considered taxable income. This applies to both ongoing weekly payments and funeral expense reimbursements.

Conclusion

Workers’ compensation death benefits in Pennsylvania are designed to help financially support families after the loss of a loved one in a workplace incident. Understanding who qualifies, how much is paid, and how to file a claim can help surviving family members make informed decisions during an incredibly difficult time. By acting within legal deadlines and keeping organized records, families can better navigate the system and access the support they are entitled to.

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

Navigating a death benefits claim in Pennsylvania 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.


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