How to use the workers' comp death benefit calculator
When a worker dies from a job-related injury or illness, workers' compensation pays survivor benefits to dependents plus a funeral allowance. There is no single national formula in the United States: death benefits are governed by the workers' compensation act of each state, so the numbers below are editable defaults rather than fixed rules.
The most common structure is two-thirds (66.67%) of the deceased worker's average weekly wage, subject to a state weekly maximum, paid for a set number of weeks or until a spouse remarries and children reach adulthood. Federal analogues follow the same shape: the Longshore and Harbor Workers' Compensation Act pays 50% of average weekly wages to a surviving spouse alone and 66.67% to a spouse with a child (33 U.S.C. section 909), and the Federal Employees' Compensation Act uses a similar schedule (5 U.S.C. section 8133).
Figures reflect September 2026 practice. Your state may differ - check your state statute or the state workers' compensation board for the current weekly maximum, duration and burial allowance before relying on any number.
This calculator is for reference only and is not legal advice. Consult a licensed attorney or your state workers' compensation board about your specific situation.
Frequently asked questions
No. Most states pay about two-thirds of the deceased worker's average weekly wage, but the weekly maximum, the benefit duration and the funeral allowance are set separately by each state statute, so every field here is editable.
It depends on the statute. Some states cap payments at a fixed number of weeks, others pay a surviving spouse until remarriage and children until age 18 or the end of full-time study. Check the workers' compensation act of the state where the injury occurred.