Maine Workers' Compensation Death Benefits: What Surviving Families Receive

When a worker dies from a job-related injury or occupational disease in Maine, the surviving family is entitled to specific financial benefits under the Maine Workers' Compensation Act (Title 39-A). These benefits don't arrive automatically. You have to file a claim with the employer's insurance carrier — and many families lose money because they don't know the exact figures they're entitled to or because the insurer lowballs the settlement.

This article breaks down exactly what Maine workers' comp pays for a work-related death, how the math works, and what you need to do to collect.

Burial and Incidental Compensation

Regardless of when the workplace injury occurred, Maine law mandates two fixed payments when an employee dies as a result of that injury:

Burial allowance: up to $4,000 The employer's workers' compensation insurance carrier must pay reasonable burial expenses up to this statutory maximum. Keep all funeral home receipts and contracts — you'll need to submit these as documentation.

Incidental compensation: $3,000 A fixed $3,000 payment is made directly to the employee's estate. This is separate from the burial allowance and separate from the weekly indemnity benefits described below.

These two amounts are not discretionary. If the insurer is disputing or delaying payment on a confirmed work-related fatality, contact the Maine Workers' Compensation Board at (207) 287-3751.

Weekly Death Benefits: How the Amount Is Calculated

Maine workers' comp weekly death benefits depend on the date of the workplace injury — not the date of death. This matters because the law has changed.

Injuries before January 1, 2013

For injuries that occurred before this date, wholly dependent survivors receive a weekly payment equal to 80% of the employee's after-tax average weekly wage. Benefits historically ran for up to 500 weeks (roughly 9.5 years), with continuation for dependent children under 18.

Injuries on or after January 1, 2013

For injuries occurring on or after this date, the calculation shifted to two-thirds (66.6%) of the employee's gross average weekly wages — before taxes, but subject to the statewide maximum cap.

The Maximum Weekly Benefit Cap

All Maine workers' comp death benefits are subject to a statutory cap tied to the State Average Weekly Wage (SAWW), which the Maine Department of Labor calculates annually.

Effective July 1, 2025, the Maine SAWW is $1,198.84.

For injuries occurring on or after January 1, 2020, the maximum weekly benefit is $441 or 125% of the SAWW, whichever is higher. At the current SAWW:

• 125% of $1,198.84 = $1,498.55 maximum weekly benefit

So a surviving spouse whose deceased partner earned $2,000 per week gross would receive two-thirds of $2,000 = $1,333.33 per week — and that is below the cap, so it would be paid in full. A worker earning $3,000 per week would produce a calculated benefit of $2,000, but the cap would reduce the actual payment to $1,498.55.

Who Is a "Dependent" Under Maine Workers' Comp?

Maine law defines dependents broadly for workers' comp purposes. Wholly dependent individuals — those who relied entirely on the deceased worker's earnings — receive the full weekly benefit. Partially dependent individuals receive a proportional share.

Wholly dependent survivors typically include:

• A surviving spouse who was financially supported by the deceased
• Minor children under 18 who lived in the household and relied on the deceased's income

The insurer will ask you to document the dependency relationship. Gather recent tax returns, bank statements showing household income flows, and any documentation of the deceased's role as the primary earner.

Coordination with Other Benefits

If you receive MainePERS accidental death benefits (for state employees or teachers killed on the job), Maine law requires that MainePERS benefits be reduced dollar-for-dollar by any workers' compensation death benefits you receive. You cannot double-collect. Coordinate the timing and amounts carefully before finalizing either claim.

Workers' compensation benefits are not subject to federal or Maine income tax.

How to File a Workers' Comp Death Claim in Maine

Step 1: Identify the insurer. Contact the deceased's employer and ask for the name of their workers' compensation insurance carrier and policy number. Employers are required by law to carry workers' comp insurance and to provide this information.

Step 2: File a claim with the insurer. Notify the insurer in writing that you are filing a dependency death claim. Be specific about the relationship (surviving spouse, dependent child) and include the date and circumstances of the work-related injury or illness.

Step 3: Gather documentation. You'll need: a certified Maine death certificate, the marriage certificate (if claiming as a surviving spouse), documentation of the workplace injury or illness and its connection to the death, and financial records demonstrating dependency.

Step 4: If the claim is disputed, file with the Maine WCB. If the employer or insurer denies the claim or disputes the amount, file a petition with the Maine Workers' Compensation Board. The Board has mediation and hearing processes specifically for death benefit disputes.

Statute of Limitations

Workers' compensation death benefit claims in Maine have a statute of limitations. For dependency benefits, the claim must generally be filed within two years of the employee's death. Missing this window can permanently bar recovery. File promptly.

What This Looks Like in Practice

A nurse's aide at a Maine long-term care facility sustains a back injury in 2019 and is on modified duty until a related surgical complication causes their death in 2026. The surviving spouse is wholly dependent with two minor children:

• Burial allowance: $4,000
• Incidental compensation: $3,000 (to estate)
• Weekly benefit: two-thirds of gross weekly wage, capped at $1,498.55 per week
• Duration: continuation while spouse remains dependent and children remain minors

The insurer doesn't volunteer these amounts. The survivors who receive full benefits are those who know what the law entitles them to and file before the deadline.

The Maine Survivor Benefits Navigator includes a workers' compensation section alongside all other Maine benefits — MainePERS, VA, Social Security, property tax exemptions, and estate administration — in a single sequential checklist.

See more Maine guides →