When a worker dies from a job injury or occupational disease, state workers' comp law pays the surviving spouse and dependent children a weekly (in some states monthly) share of the worker's wage, plus a burial allowance. This workers' comp death benefits calculator uses the survivor percentages, weekly maximums, time limits and burial amounts in the statutes of 50 states and the District of Columbia.
Weekly benefit as a share of the worker's average weekly wage (monthly where marked), the time limit or cap, and the burial allowance, as of September 27, 2026. "Spouse and children" is the total for the family.
| State | Spouse only | Spouse and children | How long (spouse) | Burial |
|---|---|---|---|---|
| Alabama | 50% | 66 2/3% | 500 weeks, ending on remarriage | $6,500 |
| Alaska | 80% (after tax) | 90% to 100% | Until remarriage, up to 12 years (no limit if disabled or 52 or older) | $12,000 |
| Arizona | 66 2/3% (monthly) | 66 2/3% | Until death or remarriage | $10,000 |
| Arkansas | 35% | 50% to 65% | Until death or remarriage (104-week lump sum) | $6,000 |
| California | 66 2/3% | 66 2/3% | $250,000 to $320,000 total, then minor children to 18 | $10,000 |
| Colorado | 66 2/3% | 66 2/3% | Life or until remarriage | $14,891.25 (from Jul 1, 2026) |
| Connecticut | 75% (after tax) | 75% | Until death or remarriage | $14,816.74 (2026) |
| Delaware | 66 2/3% | 66 2/3% to 80% | 400 weeks, then for life | $3,500 |
| District of Columbia | 50% | 66 2/3% | Until remarriage (2-year lump sum) | $5,000 |
| Florida | 50% | 66 2/3% | Until death or remarriage, within $150,000 | $7,500 |
| Georgia | 66 2/3% | 66 2/3% | Until remarriage, age 65 or 400 weeks, whichever pays more, within $320,000 for a spouse alone | $7,500 |
| Hawaii | 50% | 66 2/3% | Until remarriage, within 312 x the maximum weekly rate | $18,600 (funeral and burial) |
| Idaho | 45% | 50% to 60% | 500 weeks or until remarriage | $10,000 |
| Illinois | 66 2/3% | 66 2/3% | Life (greater of 25 years or $500,000) | $8,000 |
| Indiana | 66 2/3% | 66 2/3% | 500 weeks, less weeks paid before death | $10,000 |
| Iowa | 80% (after tax) | 80% | Life or until remarriage | 12 x state weekly wage ($14,587.80) |
| Kansas | 66 2/3% | 66 2/3% | For life, within $500,000, even after remarriage | $10,000 |
| Kentucky | 50% | 60% to 75% | Until remarriage, ending when the worker would have turned 70 (at least 4 years after the injury) | $114,120.35 to the estate (covers burial) |
| Louisiana | 32.5% | 46.25% to 65% | Until death or remarriage (104-week lump sum) | $8,500 |
| Maine | 66 2/3% | 66 2/3% | 500 weeks from the date of death | $4,000 plus $3,000 to the estate |
| Maryland | 66 2/3% | 66 2/3% | 12 years from the death, ending at the worker's 70th birthday but not before 5 years | $7,000 |
| Massachusetts | 66 2/3% | 66 2/3% | Until remarriage, within 250 x the state average weekly wage | $15,379.84 (8 x state weekly wage) |
| Michigan | 80% (after tax) | 80% | 500 weeks from the date of death | $6,000 |
| Minnesota | 50% | 60% to 66 2/3% | 10 years for a spouse alone, or while a child is dependent and then 10 more years at a lower rate | $15,000 |
| Mississippi | 35% | 45% to 66 2/3% | Until remarriage, at most 450 weeks for all survivors | $5,000 |
| Missouri | 66 2/3% | 66 2/3% | Life or until remarriage (104-week lump sum) | $5,000 |
| Montana | 66 2/3% | 66 2/3% | 500 weeks or until remarriage | $10,000 |
| Nebraska | 66 2/3% | 75% | Until death or remarriage (104-week lump sum) | $12,200 (from Jul 1, 2026) |
| Nevada | 66 2/3% (monthly) | 66 2/3% | For life (no remarriage cutoff) | $10,000 |
| New Hampshire | 60% | 60% | Until remarriage (no lump sum) | $10,000 |
| New Jersey | 70% | 70% | Life or until remarriage (100-week lump sum) | $5,000 |
| New Mexico | 66 2/3% | 66 2/3% | Until remarriage or 700 weeks, with a 104-week lump sum on remarriage | $7,500 |
| New York | 66 2/3% | 66 2/3% | Until remarriage (104-week lump sum) | $12,500 or $10,500 by county |
| North Carolina | 66 2/3% | 66 2/3% | 500 weeks from the date of death, with no remarriage cutoff | $10,000 |
| North Dakota | 66 2/3% | 66 2/3% plus $15 a week per child | For life, within $400,000, even after remarriage | $10,000 |
| Ohio | 66 2/3% | 66 2/3% | Until death or remarriage (104-week lump sum) | $7,500 |
| Oklahoma | 70% | 85% with one child; 100% with more | Until remarriage (104-week lump sum) | $10,000 |
| Oregon | $4,237.72 a month (fixed) | plus $1,589.07 a month per child | Life or until remarriage (36-month lump sum) | $29,224.20 (injuries from Jul 1, 2026) |
| Pennsylvania | 51% | 60% to 66 2/3% | Until death or remarriage (104-week lump sum) | $7,000 |
| Rhode Island | 62% | 62% plus $40 a week per child | Until death or remarriage, then to the children | $20,000 (fixed sum) |
| South Carolina | 66 2/3% | 66 2/3% | 500 weeks from the date of injury, with no remarriage cutoff | $12,000 |
| South Dakota | 66 2/3% | 66 2/3% plus $50 a month per child | For life or until remarriage (104-week lump sum) | $10,000 |
| Tennessee | 66 2/3% | 66 2/3% | Until death or remarriage, within $583,650 | $10,000 |
| Texas | 75% | 75% | Life or until remarriage (104-week lump sum) | $10,000 |
| Utah | 66 2/3% | 66 2/3% | Until 312 weeks after the injury, longer while wholly dependent | $12,500 |
| Vermont | 66 2/3% | 71 2/3% to 76 2/3% | Until remarriage, death or Social Security at 62, with at least 330 x the weekly maximum | $10,000 (plus up to $5,000 transport) |
| Virginia | 66 2/3% | 66 2/3% | 500 weeks from the date of injury, ending on remarriage | $15,000 from Jul 1, 2026 (plus up to $1,000 transport) |
| Washington | 60% (monthly) | 62% to 70% | Life or until remarriage (lump sum option) | $16,635 (deaths from Jul 1, 2026) |
| West Virginia | 66 2/3% | 66 2/3% | Until death or remarriage (no lump sum) | Set by the Insurance Commissioner (no published figure) |
| Wisconsin | 66 2/3% | 66 2/3% | 300 weekly payments, 4 x annual earnings, even after remarriage | $10,000 |
| Wyoming | 80% to 100% of the state monthly wage (formula) | plus $250 a month per child | 100 monthly payments, with no remarriage cutoff | $5,000 plus $5,000 related costs |
Death benefits replace part of the wage the family lost. The state statute sets a percentage of the worker's average weekly wage for the survivors, usually one total for the spouse and children together, and limits the weekly amount to a maximum, often the same maximum as for total disability. In 28 of the 51 jurisdictions on this page a surviving spouse alone receives two-thirds of the wage; in Alabama, the District of Columbia, Florida, Hawaii, Kentucky and Minnesota a spouse with no children receives 50%, and more is paid when there are children.
Elsewhere a spouse alone receives 80% of after-tax wages in Alaska, Iowa and Michigan; 75% of after-tax wages in Connecticut; 75% in Texas; 70% in New Jersey and Oklahoma; 62% in Rhode Island; 60% in New Hampshire; 60% of the monthly wage in Washington; 51% in Pennsylvania; 45% of the state average weekly wage in Idaho; 35% in Arkansas and Mississippi; and 32.5% in Louisiana. Alaska, Arkansas, Idaho, Louisiana, Mississippi, Oklahoma, Pennsylvania, Rhode Island and Washington pay more when there are children; Connecticut, Iowa, Michigan, New Hampshire, New Jersey and Texas pay the same total whatever the number of children. Oregon instead pays fixed monthly amounts set from the state average weekly wage, whatever the worker earned. Wyoming pays a monthly award of 80% to 100% of the state average monthly wage, set by a formula from the worker's earnings.
Most states pay only dependents: a spouse, children under a set age (older while in school or disabled), and in some states parents or other relatives who depended on the worker. Payment stops when the time limit, the dollar cap or the survivor's eligibility ends, and many states pay a lump sum when a spouse remarries.
Besides the weekly benefit, almost every jurisdiction on this page pays funeral and burial costs up to a set amount, from $3,500 in Delaware to $29,224.20 in Oregon. Kentucky instead pays a lump sum to the worker's estate, from which burial is paid ($114,120.35 for 2026 injuries). West Virginia pays funeral costs in an amount the Insurance Commissioner sets, and no current figure was found in an official source. The Burial column of the table above gives each amount.
Florida, 2026 death, $1,100 average weekly wage. A spouse with no children receives 50%, $550.00 a week; with two children the family receives 66 2/3%, $733.33 a week. Either way all payments stop at $150,000, which takes about 205 weeks at the family rate, and the $7,500 funeral benefit is paid on top.
Illinois, death in March 2026, $1,100 average weekly wage. Two-thirds of the wage is $733.33, below the death minimum of half the state average weekly wage, so the family receives $753.25 a week until the greater of $500,000 or 25 years of benefits ($979,225 at this rate) has been paid, plus the $8,000 burial payment.
South Carolina, 2026 injury, $2,000 average weekly wage, spouse and two children. Two-thirds of the wage is $1,333.33, above the $1,189.94 maximum, so the family receives $1,189.94 a week for 500 weeks from the injury, up to $594,970 in all, with at least half going to the spouse, plus up to $12,000 for burial.
Usually a weekly check equal to a share of the worker's average weekly wage, up to the state maximum. In 28 of the 51 jurisdictions on this page a surviving spouse alone receives two-thirds of the wage; the others pay a spouse alone between 32.5% and 80% (some of after-tax wages), usually more with children, and Oregon and Wyoming base the amount on the state average wage. A burial allowance of $3,500 to $29,224.20 is paid on top.
It depends on the state: for life or until remarriage in some states, a set number of weeks (for example 500) in others, or until a total dollar cap is reached. Children are usually paid until 18, or longer while in school or if disabled. The table lists each state's limit.
In many states the spouse's weekly benefit ends on remarriage and a lump sum is paid instead, often two years (104 weeks) of benefits. Delaware instead reduces the benefit, and in Kansas, Minnesota, Nevada, North Carolina, North Dakota, South Carolina, Wisconsin and Wyoming remarriage does not end the spouse's benefit.
A spouse and children are dependents in every state on this page; states set age limits for children and extend them for full-time students or children who cannot support themselves. Parents, brothers, sisters or grandchildren can qualify in some states if they depended on the worker, usually only when there is no spouse or child.
Not for federal income tax. IRS Publication 525 says amounts received as workers' compensation under a workers' compensation act are fully exempt from tax, and that the exemption also applies to survivors.