Section 31 of Massachusetts General Laws Chapter 152: Workers’ Compensation Death Benefits

Introduction

The Massachusetts Workers’ Compensation Act (Chapter 152) provides benefits to the dependents of a deceased Employee if the work-related injury results in his or her death. In Massachusetts, MGL Chapter 152, Section 31 outlines the workers’ compensation death benefits available to dependents of a deceased worker.

What is Section 31 of MGL Chapter 152?
Section 31 of Massachusetts General Laws Chapter 152 provides weekly compensation benefits to dependents of an employee who dies as a result of a work-related injury or illness. These benefits help support surviving family members by replacing lost income.

Eligibility for Death Benefits
To qualify for benefits under Section 31, the following conditions must be met:
Work-Related Death: The employee’s death must have resulted from a work-related injury or illness. Dependent Status: The deceased worker must have dependents who relied on their earnings for financial support.

Types of Dependents
Section 31 categorizes dependents as:
Wholly Dependent: Individuals who relied entirely on the deceased worker's income, such as a spouse, children, or other family members. Partially Dependent: Individuals who relied on the deceased worker for only part of their financial support.

Compensation and Benefit Amounts
The benefits provided under Section 31 include:
Weekly Compensation: Dependents may receive weekly benefits amounting to two-thirds (66%) of the deceased worker’s pre-injury average weekly wage, subject to minimum and maximum limits set by the Department of Industrial Accidents (DIA).

Duration of Benefits: A surviving spouse receives benefits for life, unless they remarry. Children’s Benefits: If there are dependent children, benefits may continue until they reach age 18 (or age 24 if they are full-time students). If a child is physically or mentally disabled, benefits may continue beyond these ages.

Cost-of-Living Adjustments (COLA)
Eligible dependents may receive annual cost-of-living adjustments (COLA) to help maintain the purchasing power of their benefits.

Burial Expenses
In addition to weekly disability benefits, the Act also provides burial expenses up to a certain amount as set forth in Chapter 152, Section 33.

Conclusion
Section 31 of MGL Chapter 152 provides financial benefits for dependents of workers who suffer fatal job-related injuries. By understanding their rights, dependents can access the benefits they need during difficult times. For assistance, consulting a workers’ compensation attorney or the Massachusetts DIA is highly recommended.

At Troupe Law Office, we’ve been representing injured workers and their families for close to 50 years. We are experienced workers comp attorneys located on the North Shore of Boston in Peabody. We serve all of Massachusetts and represent clients in all branches of the DIA, including: Boston, Lawrence, Fall River, Worcester, and Springfield.

Call us for a free consultation of your case.