§ 32–1509. Compensation for death.

If the injury causes death, the compensation shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following:

(1) Reasonable funeral expenses not exceeding $5,000.

(2) If there be a surviving spouse or domestic partner and no child of the deceased, to such surviving spouse or domestic partner 50% of the average wages of the deceased, for as long as the surviving spouse or domestic partner does not remarry or enter into a domestic partnership, with 2 years’ compensation in 1 sum upon remarriage or entry into a domestic partnership; and if there be a surviving child or children of the deceased, the additional amount of 16 2/3% of such wages for each such child; in case of the death, remarriage, or entry into a domestic partnership of such surviving spouse or domestic partner, if there be 1 surviving child of the deceased employee, such child shall have his compensation increased to 50% of such wages, and if there be more than 1 surviving child of the deceased employee to such children, in equal parts, 50% of such wages increased by 16 2/3% of such wages for each child in excess of 1; provided, that the total amount payable shall in no case exceed 66 2/3% of such wages. The Mayor may, in his discretion, require the appointment of a guardian for the purpose of receiving the compensation of a minor child. In the absence of such a requirement, the appointment of a guardian for such purposes shall not be necessary.

(3) If there be 1 surviving child of the deceased, but no surviving spouse or domestic partner then for the support of such child 50% of the wages of the deceased; and if there be more than 1 surviving child of the deceased, but no surviving spouse or domestic partner then for the support of such children, in equal parts 50% of such wages increased by 16 2/3% of such wages for each child in excess of 1; provided, that the total amount payable shall in no case exceed 66 2/3% of such wages.

(4) If there be no surviving spouse or domestic partner or child or if the amount payable to a surviving spouse or domestic partner and to children shall be less in the aggregate than 66 2/3% of the average wages of the deceased, then for the support of grandchildren or brothers and sisters if dependent upon the deceased at the time of the injury, 20% of such wages for the support of each such person and for the support of each parent, or grandparent, of the deceased if dependent upon him at the time of the injury 25% of such wages during such dependency. But in no case shall the aggregate amount payable under this paragraph exceed the difference between 66 2/3% of such wages and the amount payable as herein before provided to surviving spouse or domestic partner and for the support of surviving child or children.

(5) Weekly death benefits paid under this section shall not exceed the average weekly wages of insured employees in the District of Columbia, or $396.78, whichever is greater.

(6) All questions of dependency shall be determined as of the time of the injury or knowledge by the employee of an occupational disease.

(July 1, 1980, D.C. Law 3-77, § 10, 27 DCR 2503; Mar. 6, 1991, D.C. Law 8-198, § 2(e), 37 DCR 6890; Sept. 12, 2008, D.C. Law 17-231, § 31(e), 55 DCR 6758.)

Prior Codifications

1981 Ed., § 36-309.

Section References

This section is referenced in § 32-1508, § 32-1524, and § 32-1535.

Effect of Amendments

D.C. Law 17-231 substituted “surviving spouse or domestic partner” for “widow or widower” throughout the section; and rewrote par. (2), which had read as follows: “(2) If there be a widow or widower and no child of the deceased, to such widow or widower 50% of the average wages of the deceased, during widowhood, or widowerhood, with 2 years’ compensation in 1 sum upon remarriage; and if there be a surviving child or children of the deceased, the additional amount of 16 2/3% of such wages for each such child; in case of the death or remarriage of such widow or widower, if there be 1 surviving child of the deceased employee, such child shall have his compensation increased to 50% of such wages, and if there be more than 1 surviving child of the deceased employee to such children, in equal parts, 50% of such wages increased by 16 2/3% of such wages for each child in excess of 1; provided, that the total amount payable shall in no case exceed 66 2/3% of such wages. The Mayor may, in his discretion, require the appointment of a guardian for the purpose of receiving the compensation of a minor child. In the absence of such a requirement, the appointment of a guardian for such purposes shall not be necessary.”

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 32-1501.