65.2-512 - Compensation to dependents of an employee killed; burial expenses.
§ 65.2-512. Compensation to dependents of an employee killed; burial expenses.
A. Except as provided in subsections F, G and H, if death results from theaccident within nine years, the employer shall pay, or cause to be paid,compensation in weekly payments equal to 66 2/3 percent of the employee'saverage weekly wages, but not more than 100 percent of the average weeklywage of the Commonwealth as defined in § 65.2-500 nor less than 25 percent ofthe average weekly wage as defined therein:
1. To those persons presumed to be wholly dependent upon the deceasedemployee as set forth in subdivisions A 1, A 2, and A 3 of § 65.2-515, for aperiod of 500 weeks from the date of injury; or
2. If there are no total dependents pursuant to subdivision A 1, A 2, or A 3of § 65.2-515, to those persons presumed to be wholly dependent as set forthin subdivision A 4 of § 65.2-515, and to those determined to be whollydependent in fact, for a period of 400 weeks from the date of injury; or
3. If there are no total dependents, to partial dependents in fact, for aperiod of 400 weeks from the date of injury.
B. The employer shall also pay burial expenses not exceeding $10,000 andreasonable transportation expenses for the deceased not exceeding $1,000.
C. Benefits shall be divided equally among total dependents, to the exclusionof partial dependents. If there are no total dependents, benefits shall bedivided among partial dependents according to the dependency of each upon theearnings of the employee at the time of the injury, in the proportion thatpartial dependency bears to total dependency.
D. If benefits are terminated as to any member of a class herein, thatmember's share shall be divided among the remaining members of the classproportionately according to their dependency.
E. When weekly payments have been made to an injured employee before hisdeath, the compensation to dependents shall begin from the date of the lastof such payments but shall not continue for a period longer than specified insubsection A of this section.
F. No benefits shall be paid pursuant to this section to the dependents of anAmeriCorps member as defined in subdivision r of § 65.2-101.
G. No benefits shall be paid pursuant to subsections A, C, D or E to thedependents of a Food Stamp recipient participating in the work experiencecomponent of the Food Stamp Employment and Training Program as defined insubdivision s of § 65.2-101.
H. No benefits shall be paid pursuant to subsections A, C, D or E to thedependents of a Temporary Assistance for Needy Families recipientparticipating in the work experience component of the Virginia Initiative forEmployment Not Welfare Program as defined in subdivision t of § 65.2-101.
(Code 1950, §§ 65-62, 65-65, 65-67; 1952, c. 226; 1954, c. 654; 1956, c. 243;1958, c. 568; 1960, c. 556; 1962, c. 503; 1964, c. 94; 1966, c. 64; 1968, cc.8, 660, §§ 65.1-65, 65.1-68, 65.1-70; 1970, cc. 470, 643; 1972, c. 229; 1973,cc. 401, 542; 1974, c. 560; 1975, c. 447; 1976, c. 166; 1981, c. 247; 1984,c. 409; 1985, c. 35; 1991, c. 355; 1992, cc. 2, 147; 1998, c. 100; 2004, c.888; 2005, c. 472.)