The death benefit amount by wage is the weekly payment a family gets after a worker dies from a job injury or work illness. If you are reading this, you may have just lost someone you love, and we are deeply sorry. Money questions can feel wrong to ask right now.
However, they are real, and the bills don’t stop. In most states, workers’ comp pays surviving family members a share of what the worker earned before they died. This guide explains how that share is figured, what it may add up to in a few states, and the deadlines families need to know. Take it one step at a time.
How the Death Benefit Amount by Wage Is Figured
Most states start with the worker’s average weekly wage, often shortened to AWW. This is the worker’s typical gross weekly pay before taxes. It usually comes from the 52 weeks before the injury. In many states, overtime, tips, and some fringe benefits count too.
Next, the state applies a percentage. In most cases, families get about two-thirds of the AWW. Some states pay more. For example, Texas pays 75% of the worker’s AWW to eligible family members. New York pays 66 2/3%. This is the same rate used for temporary total disability (TTD), the weekly check a living worker gets while fully unable to work.
Finally, every state sets a cap. Even if the worker earned a lot, the weekly check can’t go above the state maximum. As a result, families of higher earners often get less than two-thirds of the real wage. Families of lower earners may get a state minimum instead.
Who Counts as a Dependent
A “dependent” is a family member who relied on the worker’s income. Typically, this includes a surviving spouse and children under 18. Many states extend this to age 22 or 25 for full-time students. Children with disabilities may be covered for life. In some states, parents or other relatives can qualify if they truly relied on the worker’s pay.
The death benefit amount by wage is usually split among all dependents. For example, a spouse with two children doesn’t get three full checks. Instead, the one weekly benefit is divided among them. In New York, a spouse who remarries usually gets a two-year lump sum, and then the spouse’s payments end.
Death Benefit Amount by Wage in Key States
Rules vary a lot by state. Some states pay a percentage for life or until remarriage. Others pay a fixed total. The table below shows a few real examples. These figures are for illustration only.
| State | Wage percentage | Weekly cap or total limit | Burial benefit |
|---|---|---|---|
| Texas | 75% of AWW | 100% of state average weekly wage (about $1,271 for injuries Oct. 1, 2025 – Sept. 30, 2026) | Up to $10,000 |
| New York | 66 2/3% of AWW | $1,281.50 per week for injuries July 1, 2026 – June 30, 2027 | Set by state law; confirm with the Board |
| California | Paid at the TTD rate (2/3 of AWW) | Fixed total: $250,000 (1 total dependent), $290,000 (2), $320,000 (3 or more) | Up to $10,000 |
| Florida | 50% (spouse only); 66 2/3% (spouse and children) | $150,000 total limit | Up to $7,500 |
Please note: state maximum weekly benefits change every year. Texas updates its cap each October. New York updates its cap each July 1. Always confirm the current figure with your state board. Remember that the cap that applies is usually tied to the date of injury, not the date of death or the date payments start.
A Simple Example
Here is how a death benefit amount by wage might work in Texas. Say a worker earned $900 a week. Seventy-five percent of $900 is $675. That is below the state cap. As a result, the family may get about $675 a week, split among the eligible dependents.
Now say a New York worker earned $2,400 a week. Two-thirds of that is $1,600. However, New York’s cap for injuries on or after July 1, 2026 is $1,281.50. So the family’s weekly benefit would likely stop at the cap. These examples are illustrative only. Every case is different, and offsets like Social Security survivor benefits can change the final amount in some states.
In California, the math works differently. The weekly check is paid at the TTD rate. However, payments stop once the family reaches the fixed total, such as $320,000 for three or more total dependents. Payments to minor children often continue until they turn 18.
What to Do Next to Protect the Family’s Benefits
First, report the death to the employer in writing as soon as you can. Then file a death claim with your state workers’ comp agency. Deadlines are strict. For example, Texas generally requires a death benefit claim within one year of the death. California generally allows one year from the date of death. However, some exceptions apply, so check your state’s rules right away.
📨 Get Free Workers Comp Guides Alerts
Free · No spam · Unsubscribe anytime
Second, gather proof of the worker’s wages. Pay stubs, W-2 forms, and tax returns help show the true average weekly wage. This matters a lot. A wage figure that is too low means a smaller death benefit amount by wage for every week to come. If the worker had two jobs, ask whether your state counts both.
Third, collect documents that show who depended on the worker. These include marriage certificates, birth certificates, and school enrollment records. Also keep funeral receipts for the burial benefit. Finally, get a written statement from the insurance company showing how it calculated the weekly amount. You have a right to check the math.
If the insurer denies the claim or uses a low wage figure, you can ask for a hearing. Many state boards have free ombudsman or help programs. You may also want to talk with a licensed workers’ comp attorney. In most states, attorney fees in comp cases are capped and must be approved by a judge.
Frequently Asked Questions
How much is the death benefit amount by wage in most states?
In most cases, families get about two-thirds of the worker’s average weekly wage. However, some states pay more, like Texas at 75%. Every state also sets a weekly cap, so higher earners’ families may get less than the full percentage.
Do death benefits last forever?
It depends on the state. For example, a spouse in New York may get benefits until remarriage. In contrast, California and Florida set a fixed total that ends payments once reached, though minor children may be paid longer.
Can a family get a lump sum instead of weekly checks?
Sometimes. Many states allow a settlement called a compromise and release, which trades future weekly checks for one payment. As a result, the family gets money now but gives up future benefits. Confirm with your state board and a licensed attorney before agreeing to any settlement.
You Have Support Here
This is a hard moment, and you do not have to sort it out alone. A short, free conversation can help you understand your options and what comes next — with no pressure and no obligation.
Advertising — not a referral, endorsement, or legal advice.
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.