If you have lost a loved one because of a workplace injury or death, you may qualify for workers’ compensation death benefits. Robert “Bobby” Jones is a lawyer who helps families receive their benefits.

From Bobby Jones Law, here’s what we want you to know about workers’ comp death benefits and how a Greenville workers’ compensation lawyer can help.

What Are Workers’ Comp Death Benefits?

Workers’ comp death benefits are monetary compensation paid to close relatives of a person who dies from a workplace injury.

If a person dies because of an on-the-job or work-related injury, qualified survivors may claim cash benefits. Benefits are no-fault, meaning you don’t have to prove the employer was at fault to receive payment.

Understanding Workers’ Compensation Death Benefits

When someone is injured at work, they may be eligible for workers’ compensation benefits. They receive medical care and replacement income, which they can spend however they choose. Often, that means supporting family members.

But when a workplace injury results in death, family members are often left without needed support.

The workers’ compensation system pays death benefits directly to qualified family members. To receive benefits, family members must file a claim.

Who Qualifies as a Dependent Under South Carolina Law

SC workers’ comp death benefits are paid to qualified dependents. The law distinguishes between whole and partial dependents.

Benefits are paid to whole dependents first (spouse and minor children). If there are whole dependents, they split the benefits. In that case, partial dependents get nothing. If there are no whole dependents, partial dependents split the benefits. The split is based on the relative extent of their dependency.

Of course, the relative dependency must be determined. The Commission evaluates the facts, including financial records, to determine how the workers’ income was distributed before their death. It may be especially important to gather evidence to explain the relative dependency of partial dependents.

Presumed Dependents vs. Actual Dependents

Spouses and minor children are automatically presumed to be whole dependents. The law says that the dependence is “conclusive.” That means that no one else can refute that a spouse or minor child is wholly dependent. The spouse and minor children up to age 18 automatically receive benefits.

Common examples of partial dependents are:

Adult children
Siblings
Parents
Cohabitating partner

While a dependent person doesn’t necessarily have to be related, the Commission carefully scrutinizes the circumstances.

The dependency must have existed for at least three months before the accident.

How Weekly Death Benefits Are Calculated

SC workers’ comp death benefits pay 66 2/3% of the deceased person’s average weekly wage. Benefits are paid for 500 weeks. In addition, workers’ compensation pays up to $12,000 for funeral expenses.

Average weekly wage is calculated as it is for injured workers: by averaging gross earnings from the four quarters before injury. Overtime, bonuses and allowances are included. If there is less than a full year of employment history, the actual number of weeks worked is averaged. There is also a maximum payment.

Other Benefits

You may also qualify for Social Security survivors’ benefits. Social Security is a U.S. federal program. It’s completely separate from South Carolina workers’ compensation.

If you qualify, you can receive benefits from both programs, up to 80% of the worker’s average earnings. If the combined total exceeds 80%, Social Security payments will be offset. If workers’ compensation benefits are paid in a lump sum, the offset will still be calculated.

Do minor children age out at 18?

A child under 18 who qualifies at the date of death will continue to be paid for 500 weeks, even after they turn 18.

What about college students?

If a child is 19 or older at the time of death, and they are a full-time student, they are entitled to death benefits until age 23. The benefits end if the child is no longer a full-time student, except during normal school breaks. When they are no longer dependent, the remaining funds are redistributed among other beneficiaries.

Funeral and Burial Expense Coverage

Workers’ compensation pays up to $12,000 for funeral and burial expenses. The funds are paid to the person or estate that paid the expenses.

Why Death Benefit Claims Get Denied

Here’s why South Carolina workers’ comp death benefit claims get denied:

Job related. The death did not happen on the job or during work activities.

Natural causes. The death was not work-related. It happened because of pre-existing conditions or age, rather than workplace actors.

Intoxication. Drugs or alcohol contributed to the death.

Intentional violations. The worker intentionally broke workplace safety rules, or horseplay or fighting caused the death.

Proof of dependency. The person seeking benefits doesn’t prove dependence.

Wage calculation. Calculation of the person’s average weekly wage is incorrect.

Timeline. For SC death benefits, the death must result within two years of the accident or within six years of total disability.

Employee status. Workers must be employees, rather than independent contractors.

Late filing. Dependents have two years from the person’s death to file their benefits claim.

When a Wrongful Death or Third-Party Lawsuit Is Also an Option

Someone other than the employer may be responsible for the death. Examples include traffic accidents and malfunctioning equipment.

When a workplace death occurs, it’s important to consider the possibility of a third-party lawsuit. An experienced lawyer can help you evaluate your options.

How a Workers’ Comp Lawyer Supports a Grieving Family

When you have a workers’ comp death benefits lawyer, we can:

Answer questions. Explain the process and answer questions.

Legal advice. Give legal advice for your situation.

Build your case. Gather the facts and documentation.

File the claim. Complete the paperwork and submit it for you.

Represent you. In proceedings before the Commission.

Respond to disputes. If your case is denied or questioned, your lawyer can respond.

Maximize your benefits. Knowing the law, a lawyer can make sure that you claim everything possible.

Evaluate options. Assistance with Social Security, third-party claims, and private insurance benefits that apply.

Talk to a Lawyer

Robert “Bobby” Jones is a Greenville workers’ comp death benefits lawyer, representing families who have lost a loved one because of workplace injury or illness.