Workers’ Compensation Q&A with Attorney, Tom Cummings

Workers Compensation Q&A
Date: January 23, 2023

If a worker is fatally injured in Pennsylvania while in the course and scope of employment, payment of workers’ compensation benefits is payable to certain classes of individuals. The rate of compensation is payable at varying rates depending on the nature of the relationship between the deceased worker and his/her surviving dependents as well as the number of the surviving dependents. If there is no widow nor widower entitled to compensation, compensation is paid to the guardian of the child or children. If there is no guardian, and one surviving dependent child, thirty-two per centum of the wages of the deceased will be paid to that child. If there are two surviving dependent children, forty-two per centum of the wages of the deceased will be paid. If there are three children, fifty-two per centum of the wages of the deceased are payable. The amount continues to increase up to a maximum of sixty-six and two-thirds per centum of wages of deceased for six or more children. If there is a widow or widower and no surviving dependent children, payment is made to the widow or widower at the rate of fifty-one per centum of the deceased worker’s wages. If there is a widow/widower and one child, sixty per centum of the deceased worker’s wages. If there is a widow/widower and two or more children, payment is made at the rate of sixty-six and two-thirds per centum of wages, but not in excess of the Statewide average weekly wage.

Contact a Pennsylvania Workers Compensation Attorney

If you’ve suffered a work injury and have questions about your claim, contact me at or call (570) 347-1011 for a free consultation.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.