[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.marksandharrison.com\/blog\/who-collects-wc-death-benefits\/#BlogPosting","mainEntityOfPage":"https:\/\/www.marksandharrison.com\/blog\/who-collects-wc-death-benefits\/","headline":"Who Can Collect Death Benefits in a Workers\u2019 Compensation Case in Virginia?","name":"Who Can Collect Death Benefits in a Workers\u2019 Compensation Case in Virginia?","description":"Virginia\u2019s workers\u2019 compensation system provides benefits to the surviving family members of an employee who dies due to a work injury or an occupational illness. If your loved one passed away due to a work-related injury or illness, you may be entitled to collect workers\u2019 compensation death benefits. The workers\u2019 compensation attorneys at the law […]","datePublished":"2022-01-20","dateModified":"2026-04-03","author":{"@type":"Person","@id":"https:\/\/www.marksandharrison.com\/blog\/author\/marksandharrison\/#Person","name":"Marks & Harrison","url":"https:\/\/www.marksandharrison.com\/blog\/author\/marksandharrison\/","identifier":7,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/5f19b40a73ab49e8af765493aafa8c5651a274c64ede1000eb57bb6a971fb6c8?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/5f19b40a73ab49e8af765493aafa8c5651a274c64ede1000eb57bb6a971fb6c8?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Marks & Harrison","logo":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","width":235,"height":87}},"image":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2022\/01\/bereaved-family.jpg","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2022\/01\/bereaved-family.jpg","height":667,"width":1000},"url":"https:\/\/www.marksandharrison.com\/blog\/who-collects-wc-death-benefits\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=XSbhDKhqa4o#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=XSbhDKhqa4o","name":"Virginia Personal Injury Attorneys","description":"Marks & Harrison was founded in 1911 by David A. Harrison, Jr. It has continued its practice uninterrupted since that time. For over three generations our attorneys have represented the families of Virginia.\n\nMarks & Harrison limits its practice to personal injury, workers\u2019 compensation, and social security disability matters. The firm has represented thousands of injured victims in all types of claims.\n\n\nhttp:\/\/www.marksandharrison.com\/\n\nFollow us on Facebook: \nhttps:\/\/www.facebook.com\/marksandharrison\nFollow us on Twitter: \nhttps:\/\/twitter.com\/mandhlaw\n\nContact us at http:\/\/www.marksandharrison.com\/contact-us\/","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/XSbhDKhqa4o\/default.jpg","https:\/\/i.ytimg.com\/vi\/XSbhDKhqa4o\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/XSbhDKhqa4o\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/XSbhDKhqa4o\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/XSbhDKhqa4o\/maxresdefault.jpg"],"uploadDate":"2017-04-05T13:26:18+00:00","duration":"PT2M54S","embedUrl":"https:\/\/www.youtube.com\/embed\/XSbhDKhqa4o","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCRi1kc4BH8gI0V9M56V6WJw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCRi1kc4BH8gI0V9M56V6WJw","name":"Marks & Harrison","description":"Marks & Harrison is one of the most recognized personal injury law firms in Virginia. Marks & Harrison provides comprehensive legal services to individuals who are victims of personal injury. The firm\u2019s 30 attorneys, along with a staff of more than 100, are based in 14 offices; the main office is in Richmond, regional offices are located around the Commonwealth, from DC, to Harrisonburg, to Tappahannock. Marks & Harrison has received numerous awards and recognition for its work on behalf of its clients. \n\nTo learn more about the firm and its attorneys, please visit: https:\/\/linktr.ee\/marksandharrison\nContact us at: http:\/\/www.marksandharrison.com\/contact-us","logo":{"url":"https:\/\/yt3.ggpht.com\/kg23-I7HYD-AR7DjeizOcvSEfNS6zJQTmbsLdBU0DAK1x7zxbnho3k6RvWQnx5X8BF41bq5w-w=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=XSbhDKhqa4o#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=XSbhDKhqa4o#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=XSbhDKhqa4o&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=XSbhDKhqa4o#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":985045}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=XSbhDKhqa4o#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":51}]},"about":["Workers' Compensation"],"wordCount":1065,"articleBody":"Virginia\u2019s workers\u2019 compensation system provides benefits to the surviving family members of an employee who dies due to a work injury or an occupational illness. If your loved one passed away due to a work-related injury or illness, you may be entitled to collect workers\u2019 compensation death benefits.The workers\u2019 compensation attorneys at the law firm of Marks & Harrison can help you and your family understand your rights and pursue a claim for the death benefits you need. Since 1911, three generations of our firm\u2019s attorneys have represented injury victims and their families across Virginia. Our team includes 26 attorneys and more than 100 support staff, so you can trust that we have the resources needed to advocate aggressively for your family\u2019s rights and interests.If you have lost a family member due to a work injury or occupational illness in Virginia, learn more about your legal rights and options for recovering death benefits from the workers\u2019 compensation system. Contact us today to talk to a knowledgeable worker’s compensation attorney in a free initial case review.\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tWhat Death Benefits Are Available in a Workers\u2019 Compensation Case?Under Virginia\u2019s workers\u2019 compensation law, benefits that can be paid in the event of an employee\u2019s death from a work injury or occupational illness include:Funeral expenses and burial expensesAssistance with transportation costs for the deceased workerFinancial payments to the surviving dependents of the deceased workerThe financial benefits to surviving dependents equal two-thirds of the deceased worker\u2019s average weekly wage, calculated from the 52 weeks of pay before the worker\u2019s date of injury. However, financial benefits are subject to a cap of 100 percent of the average weekly wage in the Commonwealth of Virginia. In addition, financial payments under workers\u2019 compensation death benefits must equal at least 25 percent of the average weekly wage in Virginia.Surviving spouses and certain surviving children can receive financial payments for 500 weeks from the date of the injury.If a worker leaves no surviving spouse or eligible children, then the worker\u2019s surviving parent or parents in destitute circumstances may receive financial benefits for 400 weeks. Other surviving family members who were totally dependent on the worker at the date of injury may also be eligible to receive financial payments for 400 weeks from the DUI.If a worker had no totally dependent surviving family, then any surviving family members who were partially dependent on the worker can receive financial payments for 400 weeks.The financial benefit payment is divided equally among all surviving family members eligible to collect.Who Receives Death Benefits in a Successful Virginia Workers\u2019 Comp Claim?When determining who will receive death benefits in a workers\u2019 compensation claim, Virginia\u2019s workers\u2019 compensation law gives priority to a surviving spouse and fully dependent children of a deceased worker, including minor children, children under age 23 enrolled in a full-time educational program, or physically or mentally incapacitated children of any age.If a worker has no surviving spouse or dependent children, surviving parents in destitute circumstances and any surviving family totally dependent on the worker at the time of their death can receive workers\u2019 compensation death benefits.Finally, if a worker had no one totally dependent on them, then any surviving family members or individuals partially dependent on the worker at the time of their death can receive the benefits.What Are the Steps in Recovering Death Benefits?Steps the surviving family can take to recover death benefits from workers\u2019 compensation in Virginia include the following:First, you must establish that the deceased worker was entitled to workers\u2019 compensation. If the worker was already receiving workers\u2019 comp benefits for an injury or illness that is later determined to be their cause of death, you could easily show that your family is entitled to death benefits. In addition, Virginia\u2019s worker\u2019s compensation law provides a statutory presumption of compensability for a worker\u2019s death when they die at their place of work with no evidence supporting a plausible non-compensable cause for the worker\u2019s death. The law also provides statutory presumptions for certain categories of workers who die from certain kinds of illnesses.If you need evidence to prove that a work injury or occupational illness caused your loved one\u2019s death, you should also collect copies of their medical care records from the treatment of their fatal injury or illness.Also, keep copies of bills and invoices for funeral and burial expenses, as well as copies of your loved one\u2019s pay stubs or income records.Talk to a workers\u2019 compensation attorney about the next steps to take to recover workers\u2019 comp death benefits, including timely notifying your loved one\u2019s employer and filing a formal workers\u2019 compensation claim.How Can an Attorney Help You Recover Virginia Death Benefits?If you believe your family may be entitled to death benefits after losing a loved one due to a work injury or occupational illness, an attorney from Marks & Harrison can help you by:Investigating the circumstances of your loved one\u2019s passing to secure evidence that may be needed to prove that your loved one\u2019s death was due to injuries or illness that arose in the course and scope of their employment.Explaining your legal rights and options to you and your family, including whether you may be entitled to pursue a third-party personal injury claim in addition to seeking death benefits from workers\u2019Timely filing your family\u2019s claim for death benefits.Representing you in negotiations with your loved one\u2019s employer and at hearings in a formal workers\u2019 comp claim with the commonwealth.Can I Get Help with Funeral and Burial Expenses Under Virginia Workers\u2019 Compensation Law?Families of workers who pass away due to work-related injuries or illnesses may be able to receive financial assistance from workers\u2019 compensation for funeral and burial expenses. In particular, families can receive up to $10,000 for funeral and burial expenses, as well as up to $1,000 in reimbursement for reasonable transportation expenses.Contact a Virginia Workers\u2019 Compensation AttorneyWhen a loved one dies due to a work-related accident or an occupational illness, you and your family may be entitled to receive death benefits under Virginia\u2019s Workers\u2019 Compensation Act. Contact Marks & Harrison today for a free, no-obligation consultation to talk to a Virginia workers\u2019 compensation lawyer about how we can help your family pursue the financial benefits you need."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.marksandharrison.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Who Can Collect Death Benefits in a Workers\u2019 Compensation Case in Virginia?","item":"https:\/\/www.marksandharrison.com\/blog\/who-collects-wc-death-benefits\/#breadcrumbitem"}]}]