There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 342 WORKERS' COMPENSATION
342.750 Income benefits for death -- Additional lump-sum payment for deaths occurring within four years of injury.
Download pdfbenefit of the persons following, subject to the maximum limits specified in subsections
(3) and (4) of this section:
(1) (a) If there is a widow or widower and no children of the deceased, to such widow or widower 50 percent of the average weekly wage of the deceased,
during widowhood or widowerhood. (b) To the widow or widower, if there is a child or children living with the widow or widower, 45 percent of the average weekly wage of the deceased, or 40
percent, if such child is not or such children are not living with a widow or
widower, and in addition thereto, 15 percent for each child. Where there are
more than two (2) such children, the indemnity benefits payable on account of
such children shall be divided among such children, share and share alike. (c) Two (2) years' indemnity benefits in one (1) lump sum shall be payable to a widow or widower upon remarriage. (d) To the children, if there is no widow or widower, 50 percent of such wage for one (1) child, and 15 percent for each additional child, divided among such
children, share and share alike. (e) The income benefits payable on account of any child under this section shall cease when he dies, marries, or reaches the age of eighteen (18), or when a
child over such age ceases to be physically or mentally incapable of self-
support, or if actually dependent ceases to be actually dependent, or, if
enrolled as a full-time student in any accredited educational institution, ceases
to be so enrolled or reaches the age of 22. A child who originally qualified as
a dependent by virtue of being less than 18 years of age may, upon reaching
age 18, continue to qualify if he satisfies the tests of being physically or
mentally incapable of self-support, actual dependency, or enrollment in an
educational institution. (f) To each parent, if actually dependent, 25 percent.
(g) To the brothers, sisters, grandparents, and grandchildren, if actually dependent, 25 percent to each such dependent. If there should be more than
one (1) of such dependents, the total income benefits payable on account of
such dependents shall be divided share and share alike. (h) The income benefits of each beneficiary under paragraphs (f) and (g) above shall be paid until he, if a parent or grandparent, dies, marries, or ceases to be
actually dependent, or, if a brother, sister, or grandchild, dies, marries, or
reaches the age of eighteen (18) or if over that age ceases to be physically or
mentally incapable of self-support, or ceases to be actually dependent. (i) A person ceases to be actually dependent when his or her income from all sources exclusive of workers' compensation income benefits is such that, if it
had existed at the time as of which the original determination of actual
dependency was made, it would not have supported a finding of dependency. Page 2 of 3 In any event, if the present annual income of an actual dependent person
including workers' compensation income benefits at any time exceeds the total
annual support received by the person from the deceased employee, the
workers' compensation benefits shall be reduced so that the total annual
income is no greater than such amount of annual support received from the
deceased employee. In all cases, a person found to be actually dependent shall
be presumed to be no longer actually dependent three (3) years after each time
as of which the person was found to be actually dependent. This presumption
may be overcome by proof of continued actual dependency as defined in this
subsection, but full payments shall not be suspended during the pendency of
any proceeding to determine dependency. (2) Upon the cessation of income benefits under this section to or on account of any person, the income benefits of the remaining persons entitled to income benefits for
the unexpired part of the period during which their income benefits are payable
shall be that which such persons would have received if they had been the only
persons entitled to income benefits at the time of the decedent's death. (3) For the purposes of this section, the average weekly wage of the employee shall be taken as not more than the average weekly wage of the state as determined in KRS
342.740. In no case shall the aggregate weekly income benefits payable to all
beneficiaries under this section exceed the maximum income benefit that was or
would have been payable for total disability to the deceased, including benefits to
his dependents. (4) The maximum weekly income benefits payable for all beneficiaries in case of death shall not exceed 75 percent of the average weekly wage of the deceased as
calculated under KRS 342.140, subject to the maximum limits in subsection (3)
above. The maximum aggregate limitation shall not operate in case of payment of
two (2) years' income benefits to the widow or widower upon remarriage as
provided under paragraph (c) of subsection (1) of this section, to prevent the
immediate recalculation and payments of benefits to the remaining beneficiaries as
provided under subsection (2) of this section, but the weekly income benefits as to
such remaining beneficiaries shall not exceed the weekly income benefit that was or
would have been payable for total disability to the deceased. The classes of
beneficiaries specified in paragraphs (a), (b), and (d) of subsection (1) of this
section shall have priority over all other beneficiaries in the apportionment of
income benefits. If the provisions of this subsection should prevent payment to
other beneficiaries of the income benefits to the full extent otherwise provided for
by this section, the gross remaining amount of income benefits payable to such
other beneficiaries shall be apportioned by class, proportionate to the interest of
each class in the remaining amount. Parents shall be considered to be in one class
and those specified in paragraph (f) of subsection (1) in another class. (5) All relations of dependency referred to in this section shall mean dependency existing at the time of the accident to the employee or at the time his or her
disability from an occupational disease began. Page 3 of 3 (6) In addition to other benefits as provided by this chapter, if death occurs within four (4) years of the date of injury as a direct result of a work-related injury, a lump-sum
payment of fifty thousand dollars ($50,000) shall be made to the deceased's estate,
from which the cost of burial and cost of transportation of the body to the
employee's place of residence shall be paid. Annually, the commissioner shall
compute, in accordance with KRS 342.740, the increase or decrease in the state
average weekly wage, and consistent therewith, shall adjust the amount of the lump-
sum payment due under this subsection for injuries occurring in the succeeding
year. (7) All benefits awarded pursuant to this section, other than those provided in subsection (6) of this section, shall be subject to the limitations contained in KRS
342.730(4). Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1846, effective July 15, 2010. -- Amended 2000 Ky. Acts ch. 514, sec. 39, effective July 14, 2000. -- Amended 1996
(1st Extra. Sess.) Ky. Acts ch. 1, sec. 31, effective December 12, 1996. -- Amended
1994 Ky. Acts ch. 181, sec. 28, effective April 4, 1994. -- Amended 1976 (1st Extra.
Sess.) Ky. Acts ch. 26, sec. 2, effective January 1, 1977. -- Created 1972 Ky. Acts
ch. 78, sec. 16.
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