If you are a dependent of a worker who dies from work-related injury, you may be eligible to file a claim for workers’ compensation death benefits in Virginia. The amount of benefits you can receive will depend on the extent of your dependency.
If you were wholly dependent, you could receive two-thirds of your loved one’s average weekly wage (subject to the statutory cap) for 500 weeks. If you are among several dependents, the amount would be divided amongst you.
On the other hand, if you were partially dependent, you would be eligible to receive an amount that reflects the extent of your dependency.
You may also be eligible to receive up to $10,000 in burial expenses.
You should keep in mind that you may able to pursue a third-party liability claim against a non-employer who caused your loved one’s death. This claim would seek damages available through Virginia’s wrongful death law.
Posted in: Workers’ Compensation FAQs