Death benefits for children are weekly payments that workers’ comp pays to the sons and daughters of a worker who died from a job injury or work illness. If you are reading this after losing someone, we are very sorry. You may be a grieving parent or guardian trying to keep a household running.
The bills have not stopped, and the paperwork can feel like too much right now. This guide explains, step by step, who qualifies, how long payments last, and what to do next. You do not have to sort it all out today. However, a few deadlines matter, so it helps to know them early.
How death benefits for children work in workers’ comp
When a worker dies from a job injury, workers’ comp does more than cover medical bills. It also replaces part of the income the family lost. These payments go to “dependents,” meaning the people who relied on the worker’s paycheck. In most states, a surviving spouse and minor children are the main dependents.
The weekly amount is based on the worker’s average weekly wage. That is simply the worker’s typical weekly pay before the injury, usually averaged over the prior year. Most states pay a set share of that wage, often two-thirds. For example, Texas pays 75% of the worker’s average weekly wage, subject to a state maximum and minimum. When there is a surviving spouse and children, the money is typically split between them.
In most cases, children under 18 are presumed to be dependents. That means the family does not have to prove the child relied on the parent’s income. Stepchildren, adopted children, and children born after the death often qualify too. For example, a 2006 Texas appeals court held that a dependent stepchild had the same rights as other children. Rules differ by state, so confirm your child’s status with your state board.
Death benefits for children: ages, caps, and deadlines by state
The biggest question families ask is how long payments last. Typically, death benefits for children continue until age 18. However, many states extend payments for a child who is a full-time student. Many states also pay for life, or as long as needed, when a child has a disability and cannot support themselves.
The table below shows exact figures from four large states. These come from state laws and state agency forms. Keep in mind that numbers can change, and the claim deadline may have exceptions.
| State | Child benefits end at | Full-time student extension | Funeral/burial cap | Deadline to file death claim |
|---|---|---|---|---|
| Texas | Age 18 | Up to age 25 | Up to $10,000 | 1 year from death |
| New York | Age 18 | Up to age 23 | $12,500 downstate / $10,500 upstate | 2 years from death |
| Florida | Age 18 | Up to age 22 | Up to $7,500 | 2 years from death |
| California | Until the youngest child turns 18 | Varies by case | Up to $10,000 | Generally 1 year from death |
Some states also cap the total amount paid. For example, Florida limits most death benefits to $150,000 in total. California sets totals by the number of dependents, up to $320,000 for three or more. However, California keeps paying minor children past that total until the youngest turns 18. As a result, a family with young children may receive far more over time.
Weekly payments also have a state maximum. State maximum weekly benefits change every year, usually on January 1 or July 1. Always confirm the current figure with your state workers’ comp board before you plan around it.
For students, the rules can be strict. In Texas, payments can stop if a child is not enrolled full time for a second semester in a row. New York asks for certified proof from the school that a child aged 18 to 23 is attending full time. Keep copies of every enrollment letter.
What to do next to protect your child’s benefits
First, report the death to the employer in writing, if no one has yet. Then file the death claim with your state agency. In Texas, that is the Division of Workers’ Compensation. In New York, families often use Form C-62 and the AFF-1 affidavit. In Florida, claims go to the Office of the Judges of Compensation Claims. Do not wait for the insurance company to act first.
Next, gather key papers. These usually include the death certificate, birth or adoption records for each child, and the marriage certificate if there is a spouse. You will also want the worker’s recent pay stubs or tax returns. These help prove the average weekly wage. A higher, accurate wage can mean a higher weekly check for years.
Also check other benefits you may qualify for. Death benefits for children from workers’ comp are separate from Social Security survivor benefits. Many children can receive both. Contact the Social Security Administration to ask about a child’s survivor benefit. In some states, workers’ comp payments may be reduced by a set offset, so ask how the two interact.
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Sometimes the insurer offers a lump-sum settlement instead of weekly checks. Some states call this a “compromise and release.” That means the family takes one payment and gives up future benefits. Settlements that involve a minor child often need a judge’s approval. Any settlement estimate you see online is only an illustration. Every case is different. Before you sign anything, talk with your state board’s ombudsman or a licensed attorney.
Finally, mark key dates on a calendar. Note each child’s 18th birthday and any school enrollment deadlines. Death benefits for children can stop on those dates unless you send proof of student status or disability in time. A short reminder can protect months of payments.
If the claim is denied, you can usually appeal. Common reasons include disputes over whether the death was work-related or whether a child was truly dependent. Many families win on appeal with better records. Ask your state board how long you have to appeal, because that deadline is often short.
Frequently Asked Questions
How long do death benefits for children last?
In most states, death benefits for children last until age 18. However, many states extend them for full-time students, often to age 22, 23, or 25. A child with a lasting disability may receive payments much longer.
Can a child get death benefits if the parents were not married?
Typically, yes. Most states treat a worker’s biological child as a dependent whether or not the parents were married. As a result, the child may be entitled to benefits, though you may need proof of parentage, such as a birth certificate.
Who receives the money for a minor child?
In most cases, payments for a minor go to the surviving parent or a legal guardian. That person must use the money for the child’s care. Some states may require a court-supervised account, especially for a large lump-sum settlement.
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Sources & How to Verify
This guide is built from official government and industry sources. Workers’ comp figures, deadlines, and state rules change every year, so always confirm the exact figure with your state board or a licensed attorney:
- Your state workers’ compensation board / division: the first and most authoritative source for your state’s caps, deadlines, and rules.
- U.S. Department of Labor: dol.gov — the directory of state workers’ comp officials.
- NCCI: ncci.com — workers’ comp rating and benefit data.
- Social Security Administration: ssa.gov — SSDI offset and benefit-cap data.
- Insurance Information Institute: iii.org — neutral coverage and claims data.
Verified November 2026. State maximum weekly benefits change every year — if you spot anything outdated, please contact us.
Related Guides
- The Complete Guide to Workers’ Comp Settlements
- Workers’ Comp Settlements by State
- Workers’ Comp Benefits Explained (TTD, PPD, MMI)
- Your Rights at Work — Common Scenarios
- Plain-English Workers’ Comp Glossary
Disclaimer. This page is for general information only and is not legal, medical, or financial advice, and it does not create an attorney-client relationship. Workers Comp Explained is an independent educational resource, not a law firm, insurer, or medical provider. Benefit caps, deadlines, and rules vary by state and change every year, and any settlement figure is an illustration, not a prediction. For your situation, confirm the exact figure and any deadline with your state workers’ compensation board and a licensed attorney before you act.