Ohio workers' compensation death benefits

This page gives a general outline of death benefits. It is not a substitute for legal advice about your family's situation.

Who can file a claim for death benefits?

Anyone can file a death claim with the Ohio Bureau of Workers' Compensation. However, only eligible family members will receive benefits.

How long do I have to file?

A claim requesting death benefits must be made in writing to the Ohio BWC within one year of the date of death.

What benefits are provided?

• Medical benefits. Where an attempt was made by an ambulance service, a physician, or a hospital emergency room to revive the employee, and that attempt was in the nature of treatment, payment for those services and for the use of equipment is made.
• Accrued benefits. If the deceased was receiving workers' compensation benefits before their passing, remaining payments can be received by eligible family members.
• Death benefits. Available when a worker dies as a result of an occupational disease or accident, providing ongoing financial support to eligible dependents.
• Funeral expenses. Payment or reimbursement of funeral expenses, up to $5,500.
• Body transportation costs. The BWC may pay exceptional transportation costs in addition to funeral expenses, for example returning the body when the death occurred outside the area where the deceased lived.
• Violation of Specific Safety Rules (VSSR) award. Where the injury, illness, or death resulted in whole or in part from the employer's violation of a specific safety rule, the Ohio Industrial Commission can grant additional monetary benefits as a penalty against the employer.
• Amputation award. In some death claims, benefits can be awarded to eligible family members where the deceased employee would have sustained an amputation of the fingers, hands, arms, legs, feet, or toes. Beneficiaries may be eligible even when the deceased dies shortly after the injury or illness causing death.
• Loss of use award. As with amputation awards, where the worker would have sustained a loss of use of the fingers, hands, arms, legs, feet, or toes, or a loss of hearing or vision, family members may be entitled to additional monetary benefits.

Who is eligible to collect?

• A spouse. Eligible to collect death benefits until the spouse's death or remarriage.
• Dependent children. Eligible until age 18, extended to age 25 if the child is enrolled in school.
• Dependent children with an incapacity. Children who are physically or mentally incapacitated can continue to collect death benefits until the child is no longer incapacitated.
• Grandchildren. Grandchildren who were living with and dependent on the worker.

Parents and grandparents may also qualify in certain circumstances. Call to discuss whether anyone in your family is eligible.

How are benefits paid?

Once it is determined who is eligible, payments are made to each eligible beneficiary on a biweekly schedule. The amount is determined from a calculation of the deceased employee's Average Weekly Wage, usually income for the 52-week period prior to the date of death. Once the AWW is calculated, payments are apportioned among the eligible beneficiaries.

Other recovery options

In some cases additional benefits may be available on top of what the BWC pays. If a third party other than the employer and the BWC is responsible for the death, family members may be able to seek additional compensation.