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DEATH BENEFITS

I.  Funeral Expenses:

  • Payment for reasonable funeral expenses not to exceed $1,000.00

II.  Surviving / Dependent Spouse:

  • 35% of the decedent's average wages to the surviving / dependent spouse until re-marriage or death, and with 2 years compensation in one sum upon re-marriage. 

 

III. Surviving Child:

  • 15% of the decedent's average wages to each of the decedent's surviving child under the ages of 18 years old (only when there's a surviving spouse).

  • 35% of the decedent's average wages in case spouse died or remarried (only when there's one surviving child); if there's more than one surviving child, then to such children in equal parts 35% of such wages increased by 15% of such wages for each child in excess of one - provided that the total amount payable shall in no case exceed two-thirds of such wages.

IV. Other Dependents:

 

If there is no surviving or dependent spouse or child, or if the amount payable to a surviving or dependent spouse and to children shall be less in the aggregate than 66-2/3% of the average wages of the deceased, then for the support shall be given to the following dependents as prescribed under A.S.C.A. §32.0617(5). All of these other dependents must be dependents of the decedent upon the time of the injury in order to qualify as beneficiaries: 

  • 15% of the decedent's average wages to the decedent's dependent grandchildren or brothers and sisters under the ages of 18 years old.

  • 25% of the decedent's average wages to each of the decedent's dependent parent or grandparent

V. Payment or Reimbursement of Medical Expenses:

Death benefits also includes the payment or reimbursement of medical expenses for the decedent from the date of death. This include expenses such as morgue fees, ambulance fee, etc. Medical invoices and payment receipts are required for proof.

Required documentations

Required Documentations for Filing Death Benefits with the Commission:

  1. Spouse's Marriage Certificate

  2. Spouse's Social Security Number

  3. Children Birth Certificate & Social Security Number

  4. Decedent's Filed Income Tax as of the time of injury

  5. Medical invoice and payment receipts of medical expenses paid or outstanding on the decedent's death

other factors on Death Benefits

Computing Death Benefits:

In computing death benefits, the average weekly wages of the deceased may not consider to be more than $205 nor less than $40, but the total weekly compensation may not exceed the weekly wages of the deceased.

Dependency:

All questions of dependency shall be determined as of the time of injury.

Guardianship for a Minor:

The Commissioner may in his discretion require the appointment of a guardian for the purpose of receiving the compensation of a minor child. In the absence of such a requirement, the appointment for such a purpose shall not be necessary.

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