If an injury causes an employee's death, either immediately or later, the usual rule (which is subject to some exceptions) is that the employee's widow, widower, or other eligible dependents (family or next of kin) are entitled to ongoing total compensation. The duration of benefits depends on the date of injury.
A. Injuries Before 01/01/93
For the surviving spouse, benefits continue for the duration of his or her lifetime or until she becomes a dependent of another person. On her death or later dependency, benefits are payable to children until age 18. Benefits are annually adjusted for inflation (39 M.R.S.A. §§58, 58-A).
B. Injuries On Or After 01/01/93
Under the 1992 Act, benefits are now capped at 500 weeks from the date of death, or until a child's 18th birthday, whichever is longer. There are exceptions which would apply to a dependant child's entitlement to benefits for higher education and for handicapped children. A spouse loses her entitlement if she becomes dependent on another person. If the spouse loses his or her eligibility, any eligible children are entitled to benefits for the balance of the 500 weeks or until their 18th birthday, whichever is later (39-A M.R.S.A. §215).
C. Compensation Unpaid At Death
For injuries before 01/01/93, the employee's estate is entitled to receive any benefits due as of the date of death. In the case of later injuries, such benefits are payable only if an application had been filed prior to death.
D. Statute of Limitations
A petition is barred unless it is filed within one year after the Employee's death or two years from the date of injury, whichever is later, but in any event not later than six years from the date of the last payment of benefits.
E. Presumption of Compensability
The Act establishes a rebuttable presumption that a death at work is compensable and that timely notice was given. If the employer or insurer disagrees, it has the burden of proof that the death did not arise out of employment. Keep in mind that a 14 day violation can occur if a NOC is not filed within 14 days of the Employer's knowledge of potentially work related fatalities.
