Report an Agreement for Compensation for Death
The Pennsylvania Workers’ Compensation Act offers death benefits for fatalities that happen in the workplace. While no amount of money can replace a loved one, it's important to note that Pennsylvania Workers’ Comp does provide death benefits.
Who is eligible for Pennsylvania Workers' Compensation death benefits?
The Pennsylvania Workers’ Compensation Act specifies which family members are eligible for death benefits:
- A widow.
- A child of the deceased worker, provided they are under 18 years old or a full-time student under 23 years old.
- A mentally or physically incapacitated child of the deceased worker, regardless of age.
- A parent of the deceased worker who was either fully or partially dependent on the deceased worker’s financial support.
- A sibling of the deceased worker who is under 18 years old or a full-time student under 23 years old and relied on the deceased worker’s financial support.
It's important to clarify that the definition of a widow is specific and may seem outdated. A widow is someone who was legally married to the deceased worker. A girlfriend or significant other living with the deceased worker does not qualify for death benefits.
Frequently Asked Questions
Begin your report here.
The Pennsylvania Workers’ Compensation Act outlines eligibility for death benefits for specific family members:
- Widow
- Child under 18 or full-time student under 23
- Mentally/physically incapacitated child
- Parent dependent on deceased worker
- Sibling under 18 or full-time student under 23 dependent on deceased worker's support. Note: "Widow" refers only to a legally married spouse; girlfriends or significant others don't qualify.
Death benefits vary based on the beneficiary's relationship to the deceased worker:
- Widow without children: 51% of the deceased's average weekly wage (AWW).
- Widow with children: 60% AWW for one child, 66 2/3% for two or more. If children have a different guardian, the amount is split.
- Children without a widow: Percentage varies with the number of children, ranging from 32% to 66 2/3%. If children have different guardians, benefits are divided equally.
- Dependent parent: 52% AWW if fully dependent, 32% if partially dependent.
Dependent sibling: 22% AWW for one, increasing by 5% per additional sibling, maxing out at 32%.