Massachusetts Workers' Compensation Death Benefits: What Surviving Families Receive

When a worker dies from a work-related injury or occupational disease in Massachusetts, the family doesn't just receive condolences from the employer's insurance company — they're entitled to ongoing weekly wage benefits, burial expense coverage, and dependent child support under Massachusetts general law. These are legal entitlements, not discretionary payments. The insurer owes them regardless of whether the family asks politely.

What most families don't know is how these benefits are calculated, what triggers a reduction or termination, and how to navigate a system that strongly favors claimants who understand their rights.

The Governing Law: G.L. c. 152, Section 31

Massachusetts workers' compensation death benefits are governed by General Laws Chapter 152, Section 31. The Department of Industrial Accidents (DIA) administers the system and handles disputes between families and insurers.

The key question in any death claim is whether the death arose "out of and in the course of" the employment. This includes on-the-job accidents, occupational diseases that caused death over time, and deaths from work-related injuries that occurred years before but ultimately proved fatal. The causal connection doesn't need to be instantaneous — a worker who develops mesothelioma 30 years after asbestos exposure on the job has a work-related death.

Weekly Survivor Benefits for Surviving Spouses

Under Section 31, a surviving spouse is entitled to weekly benefits equal to 66.67% of the deceased worker's average weekly wage at the time of injury or death.

Benefit limits (adjusted annually based on the Statewide Average Weekly Wage):

For the period October 2024 through September 2025:

• Maximum weekly benefit: $1,829.13
• Minimum weekly benefit: $365.83

For the period October 2025 through September 2026:

• Maximum weekly benefit: $1,922.48
• Minimum weekly benefit: $384.50

These maximums and minimums are adjusted each October. A spouse whose benefit would be calculated above the maximum receives the maximum; a spouse whose calculation falls below the minimum receives the minimum.

Duration: Benefits continue for life unless the surviving spouse remarries. There is no automatic 250-week cutoff for a surviving spouse — that provision applies to dependents who are not fully self-supporting, and even then courts interpret it broadly in the spouse's favor.

What Happens if the Surviving Spouse Remarries?

Remarriage ends the surviving spouse's weekly benefit. However, it does not end benefits for dependent children. If there are eligible dependent children in the household, the insurer owes $60 per week per eligible dependent child after the spouse remarries.

This $60 figure can feel inadequate compared to the prior benefit level, but it's the statutory floor. Dependent children's benefits continue until the child is no longer a qualifying dependent.

Burial Expense Reimbursement (Section 33)

Separate from the ongoing weekly benefit, the workers' compensation insurer owes burial expenses under G.L. c. 152, Section 33. The cap is 8 times the Statewide Average Weekly Wage.

Based on current SAWW figures, this amounts to more than $14,123. This amount is separate from and in addition to the weekly survivor benefit — both can be claimed simultaneously.

The burial expense payment goes toward actual funeral and burial costs. You'll need to provide receipts or an itemized bill from the funeral home. This payment is not reduced by Social Security benefits or any other source.

Dependent Children's Benefits

Children who were financially dependent on the deceased worker are entitled to benefits under Section 31, typically alongside the surviving spouse. The calculation is based on the same 66.67% of the average weekly wage, distributed among all eligible dependents.

"Dependent" under Massachusetts workers' comp law is interpreted broadly and can include children with disabilities who remain financially dependent past age 18, stepchildren living in the household, and in some circumstances, other financially dependent relatives.

How to File a Death Claim

Death claims are filed with the Department of Industrial Accidents. The process:

1. Notify the employer in writing that the death was work-related and that you intend to file a claim. The employer's insurer must begin investigation within 14 days.

2. File a claim form (Form 110) with the DIA. Claims can be filed in person at the DIA's Boston office (1 Congress Street, Suite 100) or by mail.

3. If the insurer denies the claim or disputes causation, you'll receive a notice of denial. From there, the matter proceeds through the DIA's dispute resolution process — conciliation, conference, and if necessary, a full hearing before an Administrative Judge.

The statute of limitations for a workers' compensation death claim in Massachusetts is four years from the date of death or from when the family knew or reasonably should have known that the death was work-related. Do not wait.

Common Reasons Insurers Dispute Death Claims

Causation disputes: The insurer argues the death wasn't caused by the work injury, or that an intervening condition (like smoking, or unrelated heart disease) was the "real" cause.

Employment status: The insurer argues the worker was an independent contractor rather than an employee. This is a legal question, not just a factual one — Massachusetts courts look at the degree of control the employer exercised, not just what the contract says.

Average weekly wage calculation: The insurer may attempt to calculate the AWW in a way that minimizes the base benefit. If the worker had irregular income, worked multiple jobs, or received non-cash compensation, the calculation becomes contested.

An attorney specializing in workers' compensation is not required but is strongly advisable when the insurer disputes a death claim. Most workers' comp attorneys in Massachusetts work on contingency — no fee unless benefits are awarded.

Interaction With Other Benefits

Workers' compensation death benefits do not offset Social Security survivor benefits — you can receive both. They do not offset life insurance payouts. They do not offset pension benefits from a surviving spouse's own employment.

The only significant offset is if the deceased was receiving Social Security disability benefits at the time of death — in some circumstances, the workers' comp insurer may assert a right to reduce payments if Social Security survivor benefits exceed a threshold. This is complex and worth discussing with an attorney if it applies.

Getting It All Organized

Workers' compensation is one piece of a larger picture for families dealing with a work-related death. The Massachusetts Survivor Benefits Navigator covers the full range of financial entitlements — workers' comp, Social Security survivor benefits, pension survivor options, property tax exemptions, and the probate process — with a clear timeline so you know what to file and when.

Quick Reference: Section 31 Death Benefits

If the insurer sends paperwork quickly after the death, read it carefully before signing anything. A release or settlement offer in the early days after a work-related death can permanently close off rights to ongoing benefits that would have been worth far more over time.

See more Massachusetts guides →