Death Benefits Under Utah Workers' Comp — What Surviving Families Get

The hardest workers\' comp claims are the ones the worker is no longer alive to file. When a worker dies on the job — or later from a work-related injury — Utah law provides survivor benefits for the family. The system isn\'t obvious, the math is technical, and the deadlines are short.

This is what surviving families need to know.

The short version

• Utah pays weekly survivor benefits to a deceased worker\'s spouse and dependent children.
• Burial expenses are covered (currently up to ~$9,000).
• Benefits are tied to the deceased\'s AWW and can continue for 312 weeks (6 years) or longer for dependent children.
• File the claim with the Utah Labor Commission within 1 year of death.

Who qualifies as a beneficiary

Utah Code 34A-2-702 defines the recipients:

1. Surviving spouse — at the time of death, married to the deceased.
2. Dependent children — under 18, OR under 23 if full-time students, OR any age if physically/mentally incapable of self-support.
3. Other dependents — parents, siblings, etc., if the deceased was their main source of income.

If there\'s no spouse and no dependent children, dependent parents or siblings may qualify under narrower rules.

How much they pay

The weekly benefit rate is the same as TTD: 66.67% of the deceased\'s AWW, capped at $1,098/week (2026).

Example: Worker earning $1,500/week dies on a construction site.

• AWW: $1,500
• Weekly benefit: $1,500 × 0.6667 = $1,000/week (under cap, paid in full)
• Duration: up to 312 weeks (6 years) base, longer for dependent children
• Total over 6 years: $1,000 × 312 = $312,000

Plus burial expenses up to ~$9,000 in 2026.

How long benefits last

• Surviving spouse: until death or remarriage. On remarriage, a 2-year lump sum may be paid out, then benefits end.
• Children under 18: until age 18.
• Children 18–23 in full-time school: until age 23.
• Permanently disabled children: for life.
• Cap on total length: 312 weeks base, extended for qualifying children.

When death occurs after the injury

Workers don\'t always die immediately. Death may occur weeks, months, or years after a work injury — from complications, infection, or later medical events.

Utah covers these as long as the death is causally related to the original work injury. Your family must show medical evidence linking the death to the injury.

How to file

1. Get a certified death certificate. Required for all paperwork.
2. Notify the employer in writing if not already done.
3. Notify the insurance carrier handling the underlying claim.
4. File the death claim with the Utah Labor Commission within 1 year of death — Form 100R or equivalent.
5. Submit medical evidence linking the death to the work injury (if not immediate workplace death).
6. Hire an attorney. Death cases are complex and benefits multi-year. Utah caps WC attorney fees at 25%.

Disputed death cases

Carriers fight death cases hard, especially when death occurs months or years after the injury. They\'ll argue:

• The death was from another cause (heart attack, unrelated condition)
• The pre-existing condition was the real cause
• The injury was minor and couldn\'t have caused death

You need autopsy reports, medical records, and expert opinions to establish causation. This is not a do-it-yourself filing.

Common mistakes

Mistake 1: Missing the 1-year deadline

The grief of losing a loved one delays paperwork. Don\'t let it. Even partial filings within 1 year protect the claim.

Mistake 2: Settling the underlying claim before death

If the worker settled their case (full and final) and died later, the family may have no claim. Settlements often release future claims including death.

Mistake 3: Not getting an autopsy

Without an autopsy linking death to the work injury, causation arguments are much harder. If at all possible, request one.

What to do today

If you\'ve lost a loved one to a work injury in Utah, get an attorney immediately. The first 30 days matter. Find a Utah workers\' comp attorney with death-case experience in our directory. Don\'t try to navigate this alone.