When a loved one passes away because of an injury or illness suffered at the workplace, you and other surviving dependents may be eligible to receive benefits through Montana’s workers compensation system.
These so-called “death benefits” are available to the spouse, children, and other family members of the deceased who may have relied on them for financial support.
But just who exactly is eligible? And how much are Montana’s workers compensation death benefits?
Death benefits are available to certain family members, and are designed to replace lost income from the deceased worker—with the following family members taking priority:
In situations where there is no qualifying child or spouse, other family members could be eligible for benefits—such as parents, siblings, etc.
In Montana, death benefits are paid based on a percentage of the deceased worker’s average weekly wage, and not exceeding 66.67% (66 and ⅔%)of the worker’s average weekly wage (this is the total amount, which is then divided between dependents).
In addition, the total weekly payout may not exceed Montana’s state average weekly wage.
Montana death benefits are paid out in the following order and priority:
The worker’s spouse will receive death benefits up to 500 weeks from the date of their spouse’s death, or until remarriage. Benefits for children continue until they turn 18—or 22, for full-time students/apprentices. Incapacitated children may receive benefits indefinitely, regardless of age.
Workers compensation also pays for reasonable burial costs with a cap at $4,000.
Yes—dependents are able to file a claim for benefits within just one year of the worker’s death, and the sooner you file, the better.
If you’re facing difficulties with your claim, act now—call us or fill out the form below immediately, and let us get to work recovering the benefits you rightfully deserve.
*The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
Glacier Law Firm