§ 28-33-12 - Death benefits payable to dependents.
SECTION 28-33-12
§ 28-33-12 Death benefits payable todependents. – (a) If death results from the injury, the employer shall pay the dependents ofthe employee wholly dependent upon his or her earnings for support at the timeof his or her injury or death, whichever is the greater in number, a weeklypayment equal to the rate that would have been payable for total incapacity tothe deceased employee under the provisions of § 28-33-17, except asprovided in this section in case the dependent is the surviving spouse or childunder the age of eighteen (18) of that employee.
(2) If the dependent is a surviving spouse, or survivingspouse upon whom there is dependent one or more children of the deceasedemployee including an adopted child or stepchild under the age of eighteen (18)years or over that age but physically or mentally incapacitated from earning,the employer shall pay the surviving spouse the weekly rate for totalincapacity the deceased employee would have been entitled to receive under theprovisions of § 28-33-17 plus forty dollars ($40.00) per week for eachdependent child.
(3) "Child" within the meaning of this section also includesany child of the injured employee conceived but not born at the time of theemployee's injury, and the compensation provided for in this section shall bepayable on account of any child from the date of its birth.
(b) Upon the remarriage or death of the surviving spouse orif there is no surviving spouse then upon the death of the injured employee,the compensation payable under this chapter shall subsequently be paid to thosedependent child or children of the injured employee, and if there is more thanone child the compensation shall be divided equally among them and thecompensation shall be not more than the weekly rate for total incapacity duethe injured employee under the provisions of § 28-33-17 for the dependentchild plus forty dollars ($40.00) for each additional dependent child.
(c) If the employee leaves dependents only partly dependentupon his or her earnings for support at the time of his or her injury or death,the employer shall pay that dependent from the date of the injury or death,whichever is greater in number, a weekly compensation equal to the amount ofthe average weekly contribution by the employee to the partial dependents, notexceeding the weekly payments provided in this section for the benefit ofwholly dependent persons.
(d) When weekly payments have been made to an injuredemployee before his or her death, the compensation to dependents shall beginfrom the date of the last of those payments; and provided, that if the deceasedleaves no dependents at the time of the injury or death, the employer shall notbe liable to pay compensation under chapters 29 – 38 of this title exceptas specifically provided in § 28-33-16.
(e) Except in the case of a dependent child physically ormentally incapacitated from earning, dependency benefits for each child shallterminate when that dependent child attains his or her eighteenth (18th)birthday; provided, that the payment of dependency benefits to a dependentchild over the age of eighteen (18) years shall continue as long as that childis satisfactorily enrolled as a full-time student in an educational institutionor an educational facility duly accredited or approved by the appropriate stateeducational authorities at the time of enrollment. Those payments shall not becontinued beyond the age of twenty-three (23) years.
(f) When a surviving spouse without dependent childrenremarries, benefits payable under this section shall cease on the date of theremarriage.
(g) A surviving spouse entitled to benefits under thissection shall receive an annual cost of living increase of four percent (4%) onevery anniversary of the date of death for so long as he or she is eligible forbenefits under this section.