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Oklahoma Death Benefits

OKLAHOMA WORKERS’ COMPENSATION DEATH BENEFIT SETTLEMENT

In Oklahoma, due to the enormous amount of money and benefits that ultimately could be spent on a death benefits case, many work comp death cases are litigated before the Oklahoma City or Tulsa  Workmans Comp Court on the very core issue of whether the deceased was on-the-job when he or she sustained the injury or occupational disease ultimately leading to his or her death.  However, and in large part due to the modern family structures that have evolved in the past 50 years–most cases are litigated before the Tulsa Workers Comp Court on actually whether there are in fact any beneficiaries or persons entitled to benefits arising out of an injured workers death and if so who these beneficiaries are and what these beneficiaries will receive for the loss of life of the injured employee.

The issue of whether one is injured in the course and scope of the employment relationship and entitled to Oklahoma Workers Compensation Benefits is covered elsewhere on this site and will not be discussed at any length on this page.  Also, medical benefits are also rightly payable for treatment of the injured worker before his or her death and will not be discussed further here.  Beneficiary desciptions and classifications will be fully discussed here as well as the type and amount paid to each individual beneficiary.

WEEKLY BENEFIT PAYMENTS FOR DEATH CLAIMS

Generally, in Oklahoma if an on-the-job injury or occupational disease causes death, WEEKLY income benefits shall be payable by either the Oklahoma City or Tulsa Workmens Compensation Court in the amount and for the benefit of the persons following, subject to the maximum limits specified hereafter:

  • SPOUSE: If there is a surviving spouse, to such spouse seventy percent (70%) of the average weekly wages (“AWW”) the deceased worker was earning.  In no event shall this spousal income benefit be diminished.  In addition to the benefits theretofore paid or due–two (2) years’ indemnity benefit in one lump sum shall be payable to a surviving spouse upon remarriage.
  • CHILDREN: If there is a child or children, to such child or children fifteen percent (15%) of the average weekly wages the decreased was earning for each child.  Where there are more than two such children, the income benefits payable for the benefit of all children shall be divided among all children, to share and share alike.  IF THERE IS NO SURVIVING SPOUSE–fifty percent (50%) of the average weekly wages the deceased was earning for one child, and tweny percent (20%) of such wage for each additional child, divided among all children, to share and share alike.
  • PARENTS: If actually dependent, twenty-five percent (25%) of the average weekly wages the deceased was earning.
  • BROTHERS, SISTERS, GRANDPARENTS & GRANDCHILDREN: If actually dependent, twenty-five percent (25%) of the average weekly wages the deceased was earning to each such dependent.  If there should be more than one of such dependents–the total income benefits payable for the benefit of such dependents shall be divided to share and share alike.

NOTE: The Oklahoma City & Tulsa Workers’ Compensation Courts have determined that “ACTUALLY DEPENDENT” means: (1) a surviving spouse as defined elsewhere on this page; (2) a child as defined elsewhere on this page; & (3) any other person dependent in fact upon the deceased employee and refers only to a person who receives one-half (1/2) or more of his support from the deceased employee.

NOTE: The Oklahoma City & Tulsa Workers’ Compensation Courts have determined that “SURVIVING SPOUSE” means only the deceased employee’s spouse living with or actually dependent upon the decased employee at the time of his injury or death, or living apart for justifiable cause or by reason of desertion by the employee.

NOTE: The Oklahoma City & Tulsa Workers’ Compensation Courts have determined that “CHILD” means a natural or adopted son or daughter of the employee under eighteen (18) years of age; or a natural or adopted son or daughter of an employee eighteen (18) years of age or over and physically or mentally incapable of self-support; or any natural or adopted son or daughter of an deceased employee eighteen (18) years of age or over who is actually dependent,; or any natural or adopted son or daughter of an employee between eighteen (18) and twenty-three (23) years of age who is enrolled as a full-time student in any accredited educational institution.  The term “CHILD” includes a post-humous child, a child legally adopted or one for whom adoption proceedings are pending at the time of death, an actually dependent stepchild or an actually dependent acknowledged child born out of wedlock.

NOTE: The Oklahoma City & Tulsa Workers’ Compensation Courts have determined that “GRANDCHILD’ means a child of a child, as defined above.

NOTE: The Oklahoma City & Tulsa Workers’ Compensation Courts have determined that “BROTHER” & “SISTER” means a sibling of the employee under eighteen (18) years of age, eighteen (18) years of age or over and physically or mentally incapable of self-support, eighteen (18) years of age or over and actually dependent and brothers and sisters by adoption.  Married brothers or married sisters shall not be included.

NOTE: The Oklahoma City & Tulsa Workers’ Compensation Courts have determined that “PARENT” means a mother or father, a stepparent, a parent by adoption and a parent-in-law, if actually dependent in each case

NOTE: benefits for death shall be determined by the law in effect at the time of death.

TERMINATION OF WEEKLY DEATH BENEFITS IN OKLAHOMA

The WEEKLY workmans compensation income benefits payable for the benefit of any CHILD and as described above shall be terminated and will cease when any of the following first occur:

  • The child dies, marries, or reaches to age of eighteen (18).
  • The child over eighteen (18) years of age ceases to be physically or mentally incapable of self-support or when the actually dependent child ceases to be actually dependent, or
  • The child has enrolled as a full-time student in any educational institution and the child ceases to be so enrolled or educated or reaches twenty-three (23) years of age.

The WEEKLY workmens comp income benefits of each beneficiary other than a spouse or child (i.e. PARENTS, BROTHERS, SISTERS, GRANDPARENTS & GRANDCHILDREN) shall be terminated and will cease when any of the following first occur: 

  • if a PARENT or GRANDPARENT–such beneficiary dies, marries or ceases to be actually dependent, or,
  • if a BROTHER, SISTER or GRANDCHILD–such beneficiary dies, marries or reaches the age of eighteen (18), is over the age of eighteen (18) and ceases to be physically or mentally incapable of self-support or ceases to be actually dependent.

NOTE: A person ceases to be ACTUALLY DEPENDENT when the person’s income from all sources exclusive of workers compensation income benefits is such that, if it had existed at the time the original determination of actual dependency was made by either the Tulsa or Oklahoma City Workers Comp Court, it would not have supported a finding of dependency.  If the present annual income of an actually dependent person including work comp income benefits at any time  exceeds the total annual support received by the person from the deceased employee, the workmans compensation benefits shall be reduced so that the total annual income is no greater than such amount of annual support received from the deceased employee.  In all cases, a person found to be actually dependent by either the Oklahoma City or Tulsa Workmans Comp Court shall be presumed to be no longer actually dependent (3) years after the time as of which the person was found to be actually dependent.  This presumption may be overcome by proof of continued actual dependency as defined in this paragraph submitted to the Oklahoma City or Tulsa Workmens Compensation Court by the injured employee &/or his or her attorneys or lawyers.

CHANGE IN DEATH BENEFIT DEPENDENTS & BENEFICIARIES

CHANGE IN DEPENDENTS:  Upon the cessation of workers comp income death benefits under this section to or for the benefit of any person, the income benefits payable to the remaining persons who continue to be entitled to workers compensation income benefits for the unexpired part of the period during which their income death benefits are payable shall be that which such persons would have received if they had been the only persons entitled to income benefits at the time of the decedent’s death–all as determined by either the Oklahoma City or Tulsa Workmens Comp Court upon presentation of proper proof by the injured employee &/or his or her attorney or lawyer.

MAXIMUM INCOME BENEFITS FOR DEATH

MAXIMUM INCOME BENEFITS FOR DEATH:  The average weekly wage of the deceased employee shall be taken as not more that the average weekly wage of the state.  If the average weekly wages of the deceased employee are equal to  or greater than the average weekly wage of the state, then the aggregate weekly income benefits payable to all beneficiaries under this section shall not exceed the average weekly wage of the state.  If the average weekly wages of the employee are less than the average weekly wage of the state, the aggregate weekly income benefits payable to all beneficiaries under this section shall not exceed one hundred percent (100%) of the average weekly wages of the employee.

(d) Maximum total payment.  The maximum weekly income benefits payable by the Oklahoma City or Tulsa Workmans Compensation Court for all beneficiaries in case of death shall not exceed one hundred percent (100%) of the average weekly wages the deceased was earning, subject to  the maximum limits in subparagraph (c) of this paragraph.  The maximum aggregate limitation shall not apply in case of payment of two (2) years’ income benefits to the surviving spouse upon remarriage, as provided under division (3) of subparagraph (a) of this paragraph, to prevent the immediate recalculation and payments of benefits to the remaining beneficiaries as provided under subparagraph (b) of this paragraph.  The weekly income benefits as recalculated to the remaining beneficiaries shall not exceed the weekly benefit that was or would have been payable for total permanent disability to the deceased.  The classes of beneficiaries specified in divisions (1), (2) and (4) of subparagraph (a) of this paragraph shall have priority over all other beneficiaries in the apportionment of income benefits.  If the provisions of ths subparagraph should prevent payments to other beneficiaries of the income benefits to the full extent otherwise provided for by this section, the gross remaining amount of income benefits payable to such other beneficiaries shall be apportioned by class, proportionate to the interest of each class in the remaining amount.  Parents shall be considered to be in one class and those specified in division (7) of subparagraph (a) of this paragraph in a separate class.

9. Where some pecuniary loss may be shown by heirs-at-law of the deceased, as defined by the descent and distribution statutes of Oklahoma, who are otherwise not entitled to receive benefits under other provisions of this section, such heirs-at-law shall receive compensation for their pecuniary loss not to exceed an aggregate of five thousand dollars ($5,000.00)

FUNERAL EXPENSES

In the event that no benefits under any other provisions of the Oklahoma Workers’ Compensation Act are paid to the dependents or the heirs-at-law of the deceased, an amount not to exceed eight thousand dollars ($8,000.00) shall be paid for funeral expenses.

LUMP SUM CASH SETTLEMENT AWARDS FOR DEATH BENEFIT CASES

For deaths occurring on or after November 1, 2005, if there is a surviving spouse and surviving children entitled to receive death benefits herein, such survivors shall be entitled to an immediate lump-sum payment of one hundred thousand dollars ($100,000.00) to the spouse and twenty-five thousand dollars ($25,000.00) to each surviving child not to exceed two children.  In addition, the survivors shall be entitled to receive funeral benefits in an amount not to exceed ten thousand dollars ($10,000.00).

For deaths occurring on or after November 1, 2005, if there is no surviving spouse but there are surviving children entitled to receive death benefits herein, each surviving child shall be entitled to a lump-sum payment of twenty-five thousand dollars ($25,000.00), provided the total amount of lump-sum payments shall not exceed one-hundred fifty thousand dollars ($150,000.00), to be divided among all the children to share and share alike.  The survivors shall also be entitled to receive funeral benefits in an amount not to exceed ten thousand dollars ($10,000.00).

Dependents recognized under the Death Benefits statute include:
(1) surviving spouse–defined as the deceased employee’s spouse living with or actually dependent upon the employee at the time of his injury or death, or living apart for justifiable cause or by reason or desertion by the employee
(2) child–defined as a natural or adopted son or daughter of the employee under eighteen (18) years of age; or a natural or adopted son or daughter ofan employee eighteen (18) years of age or over and physically or mentally incapable of self-support; or any natural or adopted son or daughter of an employee eighteen (18) years of age or over who is actually dependent; or any natural or adopted son or daughter of an employee between eighteen (18) and twenty-three (23) years of age who is enrolled as a full-time student in any accredited aducational institution. The term “child” includes a post-humous child, a child legally adopted or one for whom adoption proceedings are pending at the time of death, an actually dependent stepchild or an actually dependent acknowledeged child born out of wedlock
(3) any other person dependent in fact upon the employee and refers only to a person who receives one-half (1/2) or more of his support from the employee;

(4) “Grandchild” means a child of a child
(5) “Brother” and “Sister” means a sibling of the employee under eighteen (18) years of age, eighteen (18) years of age or over and physically or mentally incapable of self-support, eighteen (18) years of age or over and actually dependent and brothers and sisters by adoption. Married brothers or married sisters shall not be included except as provided in paragraph (1) of this section; and
(6) “parent” means a mother or father, a stepparent, a parent by adoption and a parent-in -law, if actually dependent in each case except as provided in paragraph (1) of this section;
all questions of relationship and dependency shall be determined as of the time of injury for purposes of income benefits for injury, and as of the time of death for purposes of income benefits for death

When the only controverted issue in a death claim is the determination of proper beneficiaries entitled to receive death benefits, and the parties-beneficiary appeal the decision of the Court, the employer or insurance carrier may pay the proceeds, as they accrue, to the Administrator.  The Administrator shall hold the proceeds in trust in an interest-bearing account during the appeal period and shall distribute the proceeds and interest to the proper beneficiaries upon written direction of the Court.  The employer or insurance carrier shall not be taxed interest or cost on the order of the death claim if payments have been made to the Administrator as they accrue.

A Workers’ Compensation death claim is not properly commenced in Oklahoma unless and until a FORM 3A CLAIMANT’S FIRST NOTICE OF DEATH AND CLAIM FOR COMPENSATION is timely filed by the husband, wife or other proper party through said individual’s attorneys or lawyers with either the Oklahoma or Tulsa Workers’ Compensation Court.  Also necessary to properly complete the Oklahoma Workers’ Compensation death case is a fully prepared & otherwise documented FORM 20 PROOF OF LOSS FOR SPOUSE AND CHILDREN.   No limitation of time provided in the Oklahoma Workers Compensation death statutes will run against any person who is mentally incompetent or a minor dependent so long as he or she has no committee, guardian or next friend.

The current weekly and lump-sum death benefits payable to certain classes of dependents under Oklahoma Work Comp law can be found at the following link: ’10-’11 DEATH BENEFIT CHART