What are Workers’ Compensation Death Beneficiaries Entitled to in Oklahoma?

Compliance Corner

Unfortunately, some workplace injuries result in a worker's death, and when those tragic circumstances occur, state law defines what a deceased worker's beneficiaries are entitled to. Thanks to Simply Research, here is what Oklahoma law sets out for when a worker's death results from a workers' compensation injury.

Beneficiaries, Amounts

If an injury or occupational illness causes death, weekly income benefits shall be payable as follows:

Surviving spouse. If there is a surviving spouse, a lump-sum payment of $100,000 and 70% of the lesser of the deceased employee's average weekly wage and the state average weekly wage. In addition to the benefits theretofore paid or due, two years' indemnity benefit in one lump sum shall be payable to a surviving spouse upon remarriage.

Surviving spouse and one child. If there is a surviving spouse and one child, the child shall receive a lump-sum payment of $25,000 and 15% of the lesser of the deceased employee's average weekly wage and the state average weekly wage. If there is more than one child but less than five children, each child shall receive a lump-sum payment of $25,000 and a pro rata share of 30% of the deceased employee's average weekly wage for claims with a date of accident occurring on or after the effective date of this act. If there are five or more children, each child shall receive a pro rata share of $100,000 and a pro rata share of 30% of the deceased employee's average weekly wage for claims with a date of accident occurring on or after the effective date of this act.

Children and no surviving spouse. If there is a child or children and no surviving spouse, a lump-sum payment of $25,000 and 50% of the lesser of the deceased employee's average weekly wage and the state average weekly wage to each child. If there are more than two children, each child shall receive a pro rata share of 100% of the lesser of the deceased employee's average weekly wage and the state average weekly wage. With respect to the lump-sum payment, if there are more than six children, each child shall receive a pro rata share of $150,000.

No surviving spouse or children. If there is no surviving spouse or children, each legal guardian, if financially dependent on the employee at the time of death, shall receive 25% of the lesser of the deceased employee's average weekly wage and the state average weekly wage until the earlier of death, becoming eligible for Social Security, obtaining full-time employment, or five years from the date benefits under this section begin.

Workers' Comp 101: Regarding time of death, Oklahoma law maintains that if a worker's death does not result within one year from the date of the accident or within the first three years of the period for compensation payments fixed by the compensation judgment, a rebuttable presumption shall arise that the death did not result from the injury.

How Long Benefits Continue

The weekly income benefits payable to the surviving spouse under this section shall continue while the surviving spouse remains unmarried. In no event shall this spousal weekly income benefit be diminished by the award to other beneficiaries. The weekly income benefits payable to any child under this section shall terminate on the earlier of death, marriage, or reaching the age of 18. However, if the child turns 18 and is:

1. Enrolled as a full-time student in high school or is being schooled by other means pursuant to the Oklahoma Constitution;

2. Enrolled as a full-time student in any accredited institution of higher education or vocational or technology education; and

3. Physically or mentally incapable of self-support,

Then he or she may continue to receive weekly income benefits until the earlier of reaching the age of 23 or no longer being enrolled as a student, and becoming capable of self-support.

Ineligibility of One Member

If any member of the class of beneficiaries who receive a pro rata share of weekly income benefits becomes ineligible to continue to receive benefits, the remaining members of the class shall receive adjusted weekly income benefits equal to the new class size.

Proof of Loss

To receive benefits, a beneficiary or his or her guardian, if applicable, shall file a proof of loss form with the Commission. All questions of dependency shall be determined as of the time of the injury. The employer shall initiate payment of benefits within 15 days of the Commission's determination of the proper beneficiaries. The Commission shall appoint a guardian ad litem to represent known and unknown minor children and the guardian ad litem shall be paid a reasonable fee for his or her services.

What about Common Law Spouses?

A common law spouse shall not be entitled to benefits unless he or she obtains an order from the Workers' Compensation Commission ruling that a common law marriage existed between the decedent and the surviving spouse. The ruling by the Commission shall be exclusive in regard to benefits under this section regardless of any district court decision regarding the probate of the decedent's estate.

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