The death of a loved one is a tragedy; complicated by the rights and obligations of the survivors. This page is designed to help the survivors of an L&I fatality make good decisions in their time of need. It applies only to deceased Washington state workers and will cover only the narrow legal topics of death on the job. If you are involved in the handling of the affairs of someone diseased because of a job injury, you need to consider everything on this page. I know at a time like this you have a lot of grief and plenty of other things on your mind. It's all the more important that you take the time to understand this page. Later on these things will become very important and they need to be handled before it's too late.
 

WHAT IS THE CAUSE OF DEATH? There are three possibilities:

• The work related activity is at least in part responsible for the death. THE FATALITY IS AN L&I CLAIM.
• The work related activity did not cause the death. THE FATALITY IS NOT AN L&I CLAIM.
• The work related activity may have caused the death. THE FATALITY MAY BE AN L&I CLAIM.

This can be easy or it can be tricky. Be careful. If you guess wrong you could lose big time. Get advice if there is any question. Contact us for help.

1. THE FATALITY IS AN L&I CLAIM

If the death came about or was accelerated as a result of the job activity or exposure then there is or should be an L&I claim.

L&I claim previously filed - If the claim was previously filed and death later occurs, then the proper procedure is to contend the death is job related, file an application for pension by spouse, registered domestic partner, or children.

No L&I claim filed - If no claim has been filed prior to death then a claim for pension by spouse, registered domestic partner, or children should be filed, and a new claim number will be generated.

Who files the application for pension benefits? - A beneficiary. RCW 51.08.020. The beneficiaries are spouse, registered domestic partner, or children. If none then a dependent.

After a claim is filed, and death is recognized by L&I as related to job activity, then these are the benefits:

• Immediate Payment for Death Related to Industrial Injury
  A one-time immediate payment is payable when a death is related to an industrial injury or occupational disease if there is a spouse/registered domestic partner, child, or dependent. The amount of the immediate payment is 100 percent of the average monthly wage in the state. (See Death and Burial Rates Chart)
• Burial Benefits for Death Related to Industrial Injury
  A burial benefits is payable when a death is related to the industrial injury or occupational disease. The amount paid is up to 200 percent of the average monthly wage in the state. (See Death and Burial Rates Chart)
• Monthly Survivor Benefits
  The amount of a monthly survivor benefit varies depending upon whether or not there is a surviving spouse/registered domestic partner, children, or other dependents. The variations are:
  • Surviving Spouse/Registered Domestic Partner. For recent injuries, a surviving spouse/registered domestic partner receives 60 percent of the wages at the time of injury up to the maximum level allowed by law. If the worker had minor children, an additional 2 percent per child is paid, up to an additional maximum of 10 percent. This payment looks like time loss but is paid once monthly on the 15th. If a surviving spouse or registered domestic parter remarries or enters into another registered domestic partnership, their monthly pension does not continue. The spouse is given the option of:
  • A lump sum settlement of 24 times the monthly compensation, or 50% of the remaining annuity value of the pension, whichever is less; or
  • Declining the settlement and maintaining their right to reinstate pension benefits if the marriage or registered domestic partnership ends because of death, divorce, or termination of the domestic partnership.
• Children's Benefits (where there is no eligible spouse/registered domestic partner). A monthly benefit of 35 percent of the worker's wage is paid to the guardian of a minor dependent. Another 15 percent of the wage is paid for each additional child up to a maximum benefit equal to 65 percent of the wage at the time of injury. If there is more than one child, benefits are divided equally among them.
   
• Other Dependents. Qualified dependents can receive payments if they were dependent on the worker's earnings. Dependents can include such relatives as a father, mother, grandparents, grandchildren, brothers, sisters, nieces, and nephews.
  • The benefit is equal to half of the average monthly support received by the dependent during the year preceding the injury. The benefit limit is 65 percent of the worker's wage or maximum benefit level, whichever is less, for all dependents.
  • The payments end when the necessity that created the dependency would have ended had the injury not occurred. Benefits also end for minor dependents when they reach age 18 (up to 23 if they are full-time students in an accredited school).

2. THE FATALITY IS NOT AN L&I CLAIM

Not all on the job fatalities result in L&I claims. For example, a person who dies of a heart attack while doing non stressful work will not have a death which would likely result in an L&I claim.

The fatality may not be job related, but there may still be a personal injury claim. For example many commutes to and from the job are not L&I claims. A commuting fatality can still result in a personal injury claim against the negligent driver who caused the death.

The fatality is not an L&I claim, but there is an open L&I claim

• If injured worker's status immediately prior to death was that he could never work again then it would be correct to formally request a pension for spouse or children under 18 or under 23 if in school full time, based not on the death, but rather on the workers' status at death.
• If injured worker was fixed and stable and had time loss money or permanent partial disability money owed by L&I at the time of death, it should be paid to the surviving spouse, or if none the surviving children, or if neither then according to the will, but if none then according to intestate distribution scheme. RCW 51.32.040(2).

3. THERE IS NO L&I CLAIM FOR THE FATALITY, BUT POSSIBLY THERE SHOULD BE ONE

This happens everyday. A couple of examples are in order:

1. Fatality by heart attack where the deceased was performing stressful work. The job may have caused the heart attack. L&I may not agree, but this is a pension case for the survivors. The challenge is proving it, don't give up. Consult with an attorney.
2. Fatality not on the job site, but the death may be the result of a lung condition where the deceased worked recently or in the past in an environment where he breathed toxic chemicals, fumes, or dust. The challenge here is proving the lung condition was acquired on the job. It can be done. Consult with an attorney.

There are many fatalities which were caused, at least in part by the job, but nobody files a claim. The solution is to get help or file a claim and see what happens. This is a good time to visit the subject of the statute of limitations.

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