2019 US Virgin Islands Code
Title 24 - Labor
Chapter 11 - Workers' Compensation Administration
§ 254i. Death benefits, lump sum payments, aggregate benefits
(a) If death ensues at the time of injury, or within four years as a consequence thereof, and the employee leaves no relative who depended upon him for support, the benefits by reason of such death shall be limited to the payment of funeral expenses not exceeding up to $4,000 and other expenses for medical services, medicines and hospitalization. If the employees is survived by a spouse or parents or any heirs, including illegitimate children who were dependent upon him for support, partially or totally at the time of his death, they shall receive compensation payable in the manner hereinafter indicated in an amount not less than $25,000 nor more than $50,000, except that in the case of a marshal, Deputy marshal, enforcement officer of the Department of Planning and Natural Resources, the directors of the Fire Service, fire marshal, fire inspector, fireman, appointed volunteer firemen, investigator of the Department of Justice as designated by the Attorney General, enforcement officer of the Department of Licensing and Consumer Affairs, special agent of the Criminal Investigation Division of the Bureau of Internal Revenue, enforcement officer of the Treasury of the Department of Finance, enforcement officer of the Virgin Islands Port Authority, internal affairs agent of the Bureau of Corrections and the Police Department, or a member of the Police Force or Police Auxiliary compensation shall be not less than $25,000 nor more than $50,000, taking into account the earnings of such employee and his expectancy, in accordance with regulations that the Administrator shall prescribe.
- The compensation shall be payable as follows:
(1) If the decedent is survived by a parent or parents only, all of the compensation shall be payable to such surviving parent or parents respectively; or
(2) If the decedent is survived by parents and a spouse, compensation shall be payable ⅓ to the parents and ⅔ to the spouse; or
(3) If the decedent is survived by parents, a spouse and children, compensation shall be awarded 20% to the parents, 20% to the spouse and 60% to the children; or
(4) If the decedent is survived by a spouse and children, compensation shall be awarded 40% to the spouse and 60% to the children. As used in this section, the term “spouse” shall be construed to include any female, in the case of a male decedent, and any male, in the case of a female decedent, who has lived with the decedent, for three consecutive years immediately preceding his or her death.
- The payments shall cease—
(1) To any beneficiary upon death; or
(2) To a minor upon reaching the age of 18 years unless
(A) The minor is permanently physically or mentally disabled, or
(B) The beneficiary is between the ages of eighteen (18) and twenty-two (22) years and is regularly attending an accredited school or a school approved by a court in pursuance of a course of study leading to a high school diploma or its equivalent, or regularly attending a course of vocational technical training either as a regular school program or under special arrangements adapted to the individual person's needs, or is, in good faith, a full-time student in a college, university, or area school, or has been accepted for admission to a college, university or area school and the next regular term has not yet begun, or
(C) For other good cause shown to the Administrator, in all of which cases payment shall not be made after the beneficiary reaches age 22.
(b) Upon application of the beneficiary, compensation may be paid in a lump sum or installments, in the discretion of the Administrator. Only for good cause shown may lump sum payments be awarded.
(c) The total aggregate compensation for injury and death under this chapter shall not exceed $36,000 in the case of employees other than a marshal, deputy marshal, enforcement officer employed by the Department of Justice as designated by the Attorney General, enforcement officer of the Department of Licensing and Consumer Affairs, special agent of the Criminal Investigation Division of the Bureau of Internal Revenue and enforcement officer of the Treasury Division of the Department of Finance, enforcement officer of the Virgin Islands Port Authority, internal affairs agent of the Bureau of Corrections and the Police Department, or a member of the Police Force or Police Auxiliary, whose injury or death shall be compensated in a total aggregate amount not to exceed $75,000.
(d)
(1) Dependents of a deceased employee, living in another country, who are entitled to benefits under this chapter are limited to the surviving spouse and/or children, or if there is no spouse or child, to parents who were partially or wholly supported by the deceased employee for at least one year prior to the compensable death;
(2) the proof necessary to establish to the Worker's Compensation Administration, that one is the dependent spouse, child or parent may be based upon one or more of the following: transcripts of birth, certificates of marriage, certified and authenticated documents or affidavits, sworn personal statements to a U.S. diplomatic or consular officer;
(3) if a dependent-claimant cannot appear before a U.S. diplomatic or consular officer, the Workers' Compensation Administration may designate a person who is not related to a party or otherwise interested in the claim.
The designated person shall be paid for services and expenses by the party making the application. The parties may agree upon the amount to be paid or the Workers' Compensation Administration shall set the amount.
