(In effect as of January 1, 2004*)

TABLE 12. DEATH BENEFITS FOR SURVIVING SPOUSES AND CHILDREN PROVIDED BY

WORKERS' COMPENSATION IN THE U.S.

SAWW - State's Average Weekly Wage

Percentage

of employee's wage

Payments Per Week

Spouse

Spouse &

Percentage

Jurisdiction

Only

Children

Minimum

Maximum

of SAWW

Maximum Period 1/

Notes

Alabama.....

66 2/3

$161

$587.00

100

500 weeks

27.50%

of SAWW,

or work-

er's

average

wage if

less.

Alaska......

80% of

up to 100%

$110 or

$832.00

120

After 12 years

Children receive

work-

of work-

22% of

a spouse's benefit

benefits if full-

er's

the SAWW

payments are

time students re-

spend-

spendable

if employ-

terminated unless

gardless of age

able

earnings

ee shows

spouse is perma-

for first 4 years.

earnings

(depending

proof of

nently and totally

Spouse receives 2-

on number

wages, or

disabled or has

year lump sum upon

of child-

worker's

reached age 52.

remarriage. WC

ren)

spendable

benefits subject to

weekly wage

offsets under Social

if less.

Security and an em-

ployer pension or

profit sharing plan.

*See Introduction page.

1/The term "widow/widowerhood" means the period until the death or remarriage of either surviving spouse.

TABLE 12. DEATH BENEFITS FOR SURVIVING SPOUSES AND CHILDREN PROVIDED BY

WORKERS' COMPENSATION IN THE U.S. (cont.)

SAWW - State's Average Weekly Wage

Percentage

of employee's wage

Payments Per Week

Spouse

Spouse &

Percentage

Jurisdiction

Only

Children

Minimum

Maximum

of SAWW

Maximum Period 1/

Notes

Arizona.....

66 2/3

Payable,

$369.27

N/A

Widow/Widowerhood;

Children receive

but not

children until 18

benefits beyond 18

statutor-

or married.

if physically or

ily pre-

mentally disabled,

scribed.

or until age 23 if

full-time students.

Arkansas....

35 - spouse

$20

$453.00

Widow/Widowerhood;

Spouse receives 2-

15 - each

children until 18

year lump sum upon

child

or married.

remarriage. Child-

ren receive benefits

beyond 18 if physi-

cally or mentally

disabled, until age

25 if full-time

students.

California..

66 2/3

$224

$728.00

66 2/3

-----------------

Total amount payable is

$145,000 for single total

dependent and one or more

partial dependents, or for two

total dependents, or with three

or more dependents, $160,000.

TABLE 12. DEATH BENEFITS FOR SURVIVING SPOUSES AND CHILDREN PROVIDED BY

WORKERS' COMPENSATION IN THE U.S. (cont.)

SAWW - State's Average Weekly Wage

Percentage

of employee's wage

Payments Per Week

Spouse

Spouse &

Percentage

Jurisdiction

Only

Children

Minimum

Maximum

of SAWW

Maximum Period 1/

Notes

Colorado....

66 2/3

$164.71 -

$658.84

Widow/Widowerhood;

Two-year lump sum

25% of

children until 18.

payable upon re-

maximum

marriage if there

are no dependent

children. Children

are compensated be-

yond 18 if physical-

ly or mentally dis-

abled, or until age

21 if full-time

students. WC bene-

fits are subject to

Social Security

benefit offsets.

Connecticut.

75% of

$182.20 -

$911.00

100

Widow/Widowerhood;

Children receive

work-

worker's

20% of

children until 18.

benefits beyond 18

er's

spendable

SAWW or

if physically or

spend-

earnings

an amount

mentally disabled,

able

not to ex-

or until age 22 if

earnings

ceed 75% of

full-time students.

worker's

WC benefits subject

average wage

to Social Security

if less.

benefit offsets.

TABLE 12. DEATH BENEFITS FOR SURVIVING SPOUSES AND CHILDREN PROVIDED BY

WORKERS' COMPENSATION IN THE U.S. (cont.)

SAWW - State's Average Weekly Wage

Percentage

of employee's wage

Payments Per Week

Spouse

Spouse &

Percentage

Jurisdiction

Only

Children

Minimum

Maximum

of SAWW

Maximum Period 1/

Notes

Delaware....

66 2/3

$168.94 -

$506.81

66 2/3

Widow/Widowerhood;

Two-year lump sum

22 2/9%

to 80

children until 18.

payable upon re-

of SAWW.

$608.19

marriage. Children

are compensated

until age 25 if

full-time students.

District of

66 2/3

$255.50 -

$1,022.00

100

Widow/Widowerhood;

Two-year lump sum

Columbia..

25% of

children until 18.

payable upon re-

SAWW.

marriage. Children

receive benefits be-

yond 18 if physical-

ly or mentally dis-

abled, or until age

23 if full-time

students.

Florida.....

66 2/3

$20 or

$626.00

100

Eligible dependents

Lump sum compensa-

actual

as defined by statute

tion of 26 weeks

wage if

payable upon remar-

less.

riage. Children re-

ceive benefits be-

yond 18 if physical-

ly or mentally dis-

abled, or until age

22 if full-time stu-

dents. Total amount

payable is $150,000.

TABLE 12. DEATH BENEFITS FOR SURVIVING SPOUSES AND CHILDREN PROVIDED BY

WORKERS' COMPENSATION IN THE U.S. (cont.)

SAWW - State's Average Weekly Wage

Percentage

of employee's wage

Payments Per Week

Spouse

Spouse &

Percentage

Jurisdiction

Only

Children

Minimum

Maximum

of SAWW

Maximum Period 1/

Notes

Georgia.....

66 2/3

$42.50 or

$425.00

N/A

400 weeks, or

Total maximum of

average

age 65 for a

$125,000 applies to

wage if

dependent spouse

surviving spouse who

less.

and a partial

is sole dependent

dependent,

at time of death,

whichever is

and where there are

greater.

no other dependents

for 1 year or less.

Children receive

benefits beyond 18

if physically or

mentally disabled,

or until age 22 if

full-time students.

Hawaii......

66 2/3

$145.00

$580.00

100

Widow/Widowerhood;

Total maximum pay-

25% of

children until 18.

able for a spouse

SAWW, or

is 312 times the

worker's

effective maximum

average

weekly benefit rate.

wage if

Two-year lump sum

less, but

payable upon re-

not lower

marriage. Maximum

than $38.

amount does not

apply to children

incapable of self-

support.

Idaho.......

$240.30 -

$320.40

500 weeks

Upon remarriage,

45% of

spouse receives

SAWW

either 100 weeks of

compensation or bal-

ance of 500 weeks,

whichever is less.

TABLE 12. DEATH BENEFITS FOR SURVIVING SPOUSES AND CHILDREN PROVIDED BY

WORKERS' COMPENSATION IN THE U.S. (cont.)

SAWW - State's Average Weekly Wage

Percentage

of employee's wage

Payments Per Week

Spouse

Spouse &

Percentage

Jurisdiction

Only

Children

Minimum

Maximum

of SAWW

Maximum Period 1/

Notes

Illinois....

66 2/3

$379.51 -

$1,012.01

133 1/3

Widow/Widowerhood;

Children receive

50% of

children until 18,

benefits beyond age

SAWW

or for not less

18 if physically or

than 6 years if

mentally disabled.

orphan child is

Two-year lump sum

under age 18.

payable upon re-

marriage in cases

where there are no

children. Children

may receive benefits

until age 25 if

full-time students.

Total maximum pay-

able in any case is

$250,000 or 20 years

of compensation,

whichever is

greater.

Indiana.....

66 2/3

$75 or

$588.00

N/A

500 weeks

Children receive

worker's

benefits beyond 21

average

if physically or

wage if

mentally disabled.

less.

Two-year lump sum

payable upon re-

marriage in cases

where there are no

children or the

remainder of com-

pensation, which-

ever is smaller.

Total maximum

amount payable is

$294,000.00

TABLE 12. DEATH BENEFITS FOR SURVIVING SPOUSES AND CHILDREN PROVIDED BY

WORKERS' COMPENSATION IN THE U.S. (cont.)

SAWW - State's Average Weekly Wage

Percentage

of employee's wage

Payments Per Week

Spouse

Spouse &

Percentage

Jurisdiction

Only

Children

Minimum

Maximum

of SAWW

Maximum Period 1/

Notes

Iowa........

80% of

$135.90 to

$1,133.00

200

Widow/Widowerhood;

Two-year lump sum

work-

worker's

$144.74

children until 18.

payable upon re-

er's

spend-

according to

marriage if no

spend-

able

marital status

children. Children

able

earn-

and number of

receive benefits be-

earn-

ings

dependents.

yond age 18 if phy-

ings

sically or mentally

disabled, or until

age 25 if full-time

students.

Kansas......

66 2/3

$293.00

$440.00

Lifetime for spouse;

An initial payment

children until 18.

of $40,000 is pay-

able and apportion-

ed 50% to surviving

spouse and 50% to

dependent children

in addition to week-

ly benefits. Child-

ren receive benefits

until 18, or 23 if a

full-time student or

physically or men-

tally incapable of

earning wages.

Total maximum pay-

able is $250,000

excluding dependent

children. WC bene-

fits subject to UI

and Social Security

benefit offsets.

TABLE 12. DEATH BENEFITS FOR SURVIVING SPOUSES AND CHILDREN PROVIDED BY

WORKERS' COMPENSATION IN THE U.S. (cont.)

SAWW - State's Average Weekly Wage

Percentage

of employee's wage

Payments Per Week

Spouse

Spouse &

Percentage

Jurisdiction

Only

Children

Minimum

Maximum

of SAWW

Maximum Period 1/

Notes

Kentucky....

$117.69 -

$294.22

Widow/Widowerhood;

Children receive

20% of

(widow only

children until 18.

benefits beyond 18

SAWW.

$491.32

50%; depen-

if physically or

According

dent child,

mentally disabled,

to number

+15% each up

or until age 22 if

of depen-

to maximum

full-time students.

dents.

75%)

Two-year lump sum

payable to surviv-

ing spouse upon

remarriage.

Louisiana...

32 1/2

$114 - 20%

$429.00

Widow/Widowerhood;

Two-year lump sum

of SAWW,

children until 18.

payable upon re-

or actual

marriage. Child-

wage if

ren receive bene-

less.

fits beyond age 18

if physically or

mentally disabled,

or until age 23 if

full-time students.

Maine.......

80% of

--------

$506.42

500 weeks

Children receive

work-

worker's

benefits beyond age

er's

after

18 if physically or

after

tax

mentally disabled.

tax

earn-

WC benefits, ex-

earn-

ings

cluding lump sum

ings

settlements, sub-

ject to UI benefit

offsets, except if

benefits started

prior to date of

injury, or if bene-

fits are a spouse's

entitlement.

TABLE 12. DEATH BENEFITS FOR SURVIVING SPOUSES AND CHILDREN PROVIDED BY

WORKERS' COMPENSATION IN THE U.S. (cont.)

SAWW - State's Average Weekly Wage

Percentage

of employee's wage

Payments Per Week

Spouse

Spouse &

Percentage

Jurisdiction

Only

Children

Minimum

Maximum

of SAWW

Maximum Period 1/

Notes

Maryland....

66 2/3

$50 or

$740.00

100

Wholly Dependent Spouse:

Two-year lump sum

worker's

up to $45,000 and thereafter,

payable upon remarriage

average

so long as spouse remains

if no dependent children.

wage if

totally dependent. If a spouse

Children receive bene-

less.

becomes wholly self-

fits beyond age 18

supporting, benefits cease

if physically or

once $45,000 has been paid.

mentally disabled,

A surviving spouse without

or until age 23 if

dependent children who

full-time students.

remarries, continues to

WC benefits may

receive payments for two

continue after a

(2) years after marriage. A

maximum of $45,000

surviving spouse with

has been paid if

dependent children who

they remain wholly

remarries, loses benefits

dependent survivors.

immediately upon remarriage.

If a wholly dependent spouse

becomes partly self-supporting,

benefits continue until

$60,000 has been paid.

Wholly Dependent