Sadly, dozens of Iowa workers die each year in work-related accidents. When a workplace death occurs, Iowa’s workers’ compensation program is there to help surviving families by providing death benefits.
Death benefits offer much-needed financial support at a time when families most need it. Right after a loved one’s death, a family may not be prepared to pay for funeral or celebration of life expenses, or make up for the lost wages of their deceased family member.
At Schott Mauss & Associates, we know that navigating the workers’ compensation system can be hard at any point in time. This is especially true when you are grieving the loss of a loved one. That’s why it is important to know not only how to file a death benefits claim but also where to seek additional support if a problem arises.
Here is a closer look at the basics of workers’ compensation death benefits and how working with a qualified lawyer may help during the process.
What Financial Support Do Workers’ Compensation Death Benefits Provide?
Requirements vary by state, but death benefits typically go to close relatives by blood or by marriage. In Iowa, a workers’ surviving spouse receives the benefits. If there is no spouse, the benefits will go to the workers’ children or other relatives who are dependents. Families most often receive death benefits from the deceased worker’s employer or the employer’s insurance carrier.
Death benefits come in two forms: ongoing weekly payments to the family and a one-time payment for funeral expenses.
Weekly Workers’ Compensation Death Benefits
If you’re a spouse who has filed a death benefits claim, the amount of money you receive will depend on how much the worker earned before the fatal accident. Iowa’s death benefit payment rate is often 80% of the deceased worker’s average weekly earnings, with a corresponding weekly rate depending on marital status and number of dependents for an average weekly wage of $398 and maximum rate of $2,274 for 2025. Percentages vary in other states.
Death benefits in Iowa are often paid weekly, but some states may pay a one-time lump sum. If the insurer tries to deny your claim, or if they take longer than necessary to provide benefits, you may qualify for more compensation.
If you’re collecting benefits as a surviving spouse, payments will continue for the rest of your life, unless you remarry at some point. Minor children will receive benefits until they reach age 18 – or up to age 25 if they are dependent on the income. If a child is incapacitated, benefits continue throughout his or her life.
Death Benefits for Funeral Expenses
As a surviving spouse of a fatally injured worker, you may also collect benefits that cover funeral expenses. These benefits can total up to around $13,600 (calculated as 12 times Iowa’s statewide average weekly wage). However, the wording in Iowa law is somewhat ambiguous. It states that a surviving spouse may collect a “reasonable” amount for funeral costs. The question then becomes, “What is reasonable?”
If a dispute arises, it may be helpful to consult with legal counsel. As you and your family are grieving a loss, the last thing you need to worry about is terminology. This is why it’s helpful to speak with someone who has helped other grieving families to navigate the system.
How to File a Death Benefits Claim
If you are a family member of an employee who has died at work, you can file a claim by following these steps:
- Report the injury to the deceased worker’s employer as soon as possible. In Iowa, an injured worker has 90 days from the date of an injury to report the injury to the employer. Therefore, the family of a deceased worker should report to the employer that their loved one’s death is related to a work injury within 90 days of its occurrence. It’s best to report the death as work-related to the employer as soon as possible and document it in writing. The second time limitation in a workers’ compensation claim that the family also needs to be aware of is that the family of the deceased worker then has up to two years from the occurrence of the death to file a claim with the Iowa Workers’ Compensation Commissioner.
- If you have questions about filing for death benefits, it could be helpful to work with a qualified Iowa workers’ compensation attorney. This will make sure you provide the right information to get the correct amount of benefits.
- If you are denied or have a dispute over the amount you receive, file a claim with the Iowa Division of Workers’ Compensation. In these situations, it’s especially helpful to have legal help as you walk through the process.
When You Need Help, Turn to Iowa’s Workers’ Compensation Law Experts
Losing a beloved family member is one of the most painful things to experience. At Schott Mauss & Associates, our team of attorneys is ready to come alongside you during this difficult time. Our attorneys are well-versed in Iowa’s workers’ compensation law and ready to fight for you and your family. Contact us today for a free consultation.
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