The surviving dependents of a deceased worker may receive workers' compensation death benefits if the worker's death arose out of and in the course of his employment. Death benefits provide weekly compensation to the dependents. In most states, the amount of total dependency benefits received is based on a percentage of the worker's average weekly wage. For partial dependency benefits, the amount received is commonly calculated as a portion of the dependent's support that was received from the worker. In addition to weekly compensation, death benefits also include a payment for the worker's burial expenses. The amount allotted for these expenses is set by the Workers' Compensation Act of each state and varies widely between the jurisdictions.
For a surviving spouse, death benefits will cease upon his or her remarriage. However, such benefits for the dependent children of the surviving spouse and worker will remain unaffected by the surviving spouse's remarriage. Generally, dependent children will receive death benefits until attaining the age of eighteen, although the time for receipt of benefits may be extended if he is enrolled as a full-time student. Additionally, a child who has a physical or mental impairment may receive death benefits as long as he remains incapacitated from the impairment.
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