Death Benefits

Q. What benefits will my dependents receive if I die from a job-related injury?

A. Death benefits will be paid by SC law as follows: a benefit payment equal to 500 weeks based on your compensation rate. This payment is subject to limits set by law, less any weekly benefits already paid; and burial expenses up to $2,500.
All workers' compensation death benefits are exempt from the claims of creditors and all estate taxes. In order to receive death benefits, a claim must be filed with the WCC within two (2) years of the employee's death. Claims not filed with the WCC within that period may be forever barred.
Death benefits are distributed among all persons wholly dependent on the deceased. Normally, this will be limited to your spouse and children. If there are no persons wholly dependent, the death benefits shall be divided among partially-dependent persons based on the extent of their dependency. If there are no dependents, the death benefits shall be paid to your nondependent children. If there are no nondependent children, death benefits will be paid to your mother or father. If payment can't be made to any of these individuals, the personal representative for your estate will receive probate administration and burial expenses. The remaining amount of death benefits will be paid to the SC Second Injury Fund as required by SC law.

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