Death Benefits After a Fatal Work-Related Crash in Pennsylvania

Losing a family member in a work-related car or truck accident is devastating. In the middle of grief, most families have no idea that Pennsylvania law may entitle them to significant financial support. This guide explains, in plain language, how workers' compensation death benefits work when a crash on the job takes a worker's life — and how a separate claim against an at-fault party may also be available.

What Are Workers' Comp Death Benefits?

Under Pennsylvania's Workers' Compensation Act, when a work injury results in death, the deceased worker's dependents are entitled to weekly benefits and a burial allowance. These are no-fault benefits: it does not matter whether the worker, another driver, or no one at all was to blame for the crash. What matters is that the worker died from an injury suffered in the course and scope of employment — for example, while making deliveries, driving between job sites, or otherwise traveling for work.

How Much Are the Benefits?

Weekly death benefits are calculated as a percentage of the worker's average weekly wage, subject to the statewide maximum compensation rate. The percentage depends on who the surviving dependents are:

• Surviving spouse, no children: about 51% of the average weekly wage
• Spouse with one child: about 60%
• Spouse with two or more children: about 66⅔%
• Children only (no surviving spouse): a graduated percentage based on the number of children

Because the exact figure depends on the wage, the cap, and the family situation, the safest way to know what your family is owed is to call for a free case review. Insurers sometimes calculate the average weekly wage too low, which shortchanges families for years.

Funeral and Burial Costs

Pennsylvania workers' comp also pays a burial benefit toward funeral expenses. We cover the details in our guide to funeral and burial benefits.

Who Can Receive Death Benefits?

Surviving spouses and minor children are the most common recipients, but other dependents may qualify too. See who qualifies for PA death benefits for the full breakdown, including how long children keep receiving benefits and what happens if a spouse remarries.

Important Deadline: The Fatal Claim Petition

A fatal-claim petition generally must be filed within three years of the date of death. Waiting too long can bar the claim entirely. If the insurer has denied benefits or is delaying, do not assume the clock has stopped — talk to an attorney right away.

There May Be a Second Claim — Against an At-Fault Party

If another driver, a trucking company, or some other third party caused the fatal crash, your family may also have a wrongful death and survival claim that is separate from workers' comp. That claim can recover damages workers' comp does not, such as the loss of your loved one's companionship and guidance. Learn how the two fit together in death benefits vs. wrongful death, and see our page on fatal work truck accidents if a commercial vehicle was involved.

How Our Firm Helps Your Family

Attorney Michael Cardamone is a Certified Workers' Compensation Specialist and handles the workers' comp death-benefit claim directly. When a third party is also responsible, we work alongside our heavyweight Personal Injury colleagues on the wrongful death case — so both claims are pursued together and nothing is left on the table. We never ask your family to figure out which claim to file; we map out every avenue of recovery for you.