The death of a loved one is a challenging and emotional time, and the last thing you want to worry about is your financial stability. While Washington State’s workers’ comp program provides some monetary support to surviving family members, those benefits aren’t automatic or guaranteed.
What Are L and I Death Benefits?
The economic impact of a loved one’s death due to a job injury or work-related accident can be substantial. Washington State’s Department of Labor and Industries (L&I) death benefits exist to provide family members with financial stability during a difficult time by replacing some of the financial support the worker would have provided if they were still alive.
However, this benefit is part of L&I workers’ comp benefits, meaning they aren’t automatic and don’t replace life insurance. To receive death benefits:
- The worker’s death must be job-related
- You must file an L&I claim
- L&I has to approve the claim
Most importantly, Washington State decides if you’re eligible to receive benefits, not the employer, which means the benefits are not guaranteed.
What Kind Of Death Benefits Does L&I Have?
Labor and Industries has three types of workers’ compensation death benefits you may be eligible for:
- Cash payment. Surviving dependents may receive a one-time cash payment. However, L&I must approve your death benefit claim and decide you’re eligible for an ongoing monthly pension. The cash payment is 100% of the average monthly wage in the state.
- Funeral and burial benefits. L&I also provides a funeral and burial benefit to help you lay your loved one to rest. You’ll receive up to 200% of the average monthly wage for the state, but must also provide proof of your costs to L&I.
- Survivor benefits. Survivor benefits are the portion of L&I death benefits paid directly to eligible family members or other dependents after an on-the-job injury or occupational disease that caused your loved one’s death.
Who Is Eligible for Survivor Benefits in Washington State?
Washington State law requires every employer to carry no-fault workers’ compensation coverage to cover the expenses associated with an injury or occupational disease. Workers’ compensation can also pay for permanent partial disability (PPD) and pension benefits if you can no longer work due to your job-related injury.
However, if the injured worker dies, their dependents are eligible for those benefits. These are known as survivor benefits, sometimes called pension benefits, and are direct financial support for your survivors. While survivor benefits are primarily for a surviving spouse or registered partner, other family members may be eligible.
If there is no surviving spouse, the benefit may go to surviving children. They can receive survivor benefits until they are 18 years old (23 if they are a full-time student in an accredited school). Disabled children may be entitled to lifelong survivor benefits.
If there is no surviving spouse or surviving children, monthly survivor benefits may go to other dependents. That could include family members like parents, grandparents, siblings, or grandchildren who were financially dependent on the worker.
How Much Does L&I Death Benefits Pay in Washington?
Survivor benefits replace a portion of the worker’s income, not their full salary. The final amount someone receives is a percentage of the worker’s wages when the injury occurred. However, the amount also varies based on who is receiving the benefit.
Surviving Spouses and Registered Domestic Partners
A surviving spouse or registered domestic partner will receive 60% of what the worker’s wages were at the time of the injury as a monthly payment. If the worker had minor children, the surviving spouse or registered domestic partner will receive an additional 2% per child up to a maximum of 10%.
Surviving Children
If there is no eligible surviving spouse or registered domestic partner, a surviving child can receive a monthly benefit of 35% of the worker’s wage, which is paid to the minor’s guardian. For each additional child, L&I will pay an additional 15% of the wage up to a benefit maximum of 65% of the wages. If there’s more than one child, the monetary benefits are divided equally.
Other Dependents
Qualified dependents can receive half of the average monthly support they received from the worker in the year leading up to the injury. Dependents can receive no more than 65% of the worker’s wage or the maximum benefit level.
How to File for L&I Death and Survivor Benefits
Because death and survivor benefits are not guaranteed, you must file an L&I claim. However, you must file the L&I claim within one year if the worker’s death is related to a workplace injury and two years if it’s the result of an occupational disease.
You or your representative will:
- Report the death to L&I as work-related. The employer or hospital may contact L&I directly.
- File a workers’ compensation claim with L&I.
- Provide L&I with basic information about your relationship (like marriage or birth certificates)
- Include medical records that connect the death to the job.
Once you’ve filed an L&I claim, the claim manager will review it and determine if the injured worker died due to a workplace injury or occupational illness and whether or not the survivors are eligible for survivor and death benefits.
Do Survivor Benefits End?
All survivor benefits, including pension benefits, can end, but it depends on who is receiving the benefits and why they originally qualified for them.
As long as the individual receiving the benefits meets the eligibility criteria, survivor benefits will continue. However, if:
- A surviving spouse remarries
- A child becomes an adult
- A dependent is no longer considered financially dependent
Their survivor benefits may end.
If you remarry, you’re no longer eligible for monthly pension benefits from L&I. You’ll have the option to:
- Accept a lump settlement of 24 times your monthly compensation or 50% of the remaining value of the pension
- Decline the settlement and maintain your right to reclaim the pension benefit if the new marriage ends
It’s also important to note that once a year, L&I will send you a “Declaration of Entitlement” form to fill out. You’ll update L&I on your marital status, dependent information, and work status (like if you’ve returned to work). You must completely and truthfully fill out the form, sign and notarize it, then return it to L&I to continue receiving your benefits.
Are L&I Death Benefits and Survivor Benefits Guaranteed?
Death benefits and survivor benefits are guaranteed if you can demonstrate your loved one’s death is directly related to a work-related injury, occupational disease, or industrial injury. If your loved one died on the job, your L&I claim for death and survivor benefits is usually straightforward.
However, if your loved one was injured on the job and dies later, proving the work injury caused their death is more difficult because:
- Your loved one may have had other health conditions that contributed to their death
- The death certificate may list a different cause of death
- Medical professionals may disagree about the work injury playing a role
- Incomplete medical records may not paint the full picture.
If you can’t connect the workplace injury to your loved one’s death, L&I may deny your claim.
What If My Loved One Committed Suicide?
Suicide does not automatically mean you aren’t eligible for survivor benefits or death benefits. Labor and Industries will examine everything to see if the injury contributed to the suicide. For example, if your loved one suffered a traumatic brain injury, the changes to their mental state may have played a role in what happened. Likewise, suffering from chronic pain or PTSD can also harm someone’s mental health.
However, you still need to demonstrate that the workplace injury had a direct and negative impact on your loved one’s judgment or mental health, which led to their death.
How a Workers’ Compensation Attorney Can Help
Demonstrating the link between an on-the-job accident or injury and your loved one’s death is often challenging, especially when they die weeks or months later. An experienced workers’ compensation attorney understands these challenges, as well as the nuances of what L&I looks for in a death or survivors’ benefits claim. They know what medical evidence to gather and how to present your claim to ensure you receive the maximum compensation you need during this difficult time.
Walthew Law Firm has over 90 years of workers’ compensation and personal injury claim experience. We understand workers’ comp, L&I, and how to navigate a complex system, so you don’t have to. If your loved one passed away on the job or due to a workplace injury, we can help.
Our attorneys are ready to protect your rights and help you understand your options and your future. Put our experience to work for you. Contact Walthew Law Firm in Seattle, WA, today to schedule a free, confidential case consultation.