{"data":{"id":"us-ky/krs-342.750","jurisdiction":"us-ky","citation":"KRS 342.750","heading":"Income benefits for death -- Additional lump -sum payment for deaths","body":"occurring within four years of injury.\nIf the injury causes death, income benefits shall be payable in the amount and to or for the\nbenefit of the persons following, subject to the ma ximum limits specified in subsections\n(3) and (4) of this section:\n(1) (a) If there is a widow or widower and no children of the deceased, to such\nwidow or widower 50 percent of the average weekly wage of the deceased,\nduring widowhood or widowerhood.\n(b) To the widow or widower, if there is a child or children living with the widow\nor widower, 45 percent of the average weekly wage of the deceased, or 40\npercent, if such child is not or such children are not living with a widow or\nwidower, and in addition t hereto, 15 percent for each child. Where there are\nmore than two (2) such children, the indemnity benefits payable on account of\nsuch children shall be divided among such children, share and share alike.\n(c) Two (2) years' indemnity benefits in one (1) lum p sum shall be payable to a\nwidow or widower upon remarriage.\n(d) To the children, if there is no widow or widower, 50 percent of such wage for\none (1) child, and 15 percent for each additional child, divided among such\nchildren, share and share alike.\n(e) The income benefits payable on account of any child under this section shall\ncease when he dies, marries, or reaches the age of eighteen (18), or when a\nchild over such age ceases to be physically or mentally incapable of self -\nsupport, or if actually depe ndent ceases to be actually dependent, or, if\nenrolled as a full-time student in any accredited educational institution, ceases\nto be so enrolled or reaches the age of 22. A child who originally qualified as\na dependent by virtue of being less than 18 year s of age may, upon reaching\nage 18, continue to qualify if he satisfies the tests of being physically or\nmentally incapable of self -support, actual dependency, or enrollment in an\neducational institution.\n(f) To each parent, if actually dependent, 25 percent.\n(g) To the brothers, sisters, grandparents, and grandchildren, if actually\ndependent, 25 percent to each such dependent. If there should be more than\none (1) of such dependents, the total income benefits payable on account of\nsuch dependents shall be divided share and share alike.\n(h) The income benefits of each beneficiary under paragraphs (f) and (g) above\nshall be paid until he, if a parent or grandparent, dies, marries, or ceases to be\nactually dependent, or, if a brother, sister, or grandchild, die s, marries, or\nreaches the age of eighteen (18) or if over that age ceases to be physically or\nmentally incapable of self-support, or ceases to be actually dependent.\n(i) A person ceases to be actually dependent when his or her income from all\nsources exclusive of workers' compensation income benefits is such that, if it\nhad existed at the time as of which the original determination of actual\ndependency was made, it would not have supported a finding of dependency.\nIn any event, if the present annual income  of an actual dependent person\nincluding workers' compensation income benefits at any time exceeds the total\nannual support received by the person from the deceased employee, the\nworkers' compensation benefits shall be reduced so that the total annual\nincome is no greater than such amount of annual support received from the\ndeceased employee. In all cases, a person found to be actually dependent shall\nbe presumed to be no longer actually dependent three (3) years after each time\nas of which the person was f ound to be actually dependent. This presumption\nmay be overcome by proof of continued actual dependency as defined in this\nsubsection, but full payments shall not be suspended during the pendency of\nany proceeding to determine dependency.\n(2) Upon the cess ation of income benefits under this section to or on account of any\nperson, the income benefits of the remaining persons entitled to income benefits for\nthe unexpired part of the period during which their income benefits are payable\nshall be that which suc h persons would have received if they had been the only\npersons entitled to income benefits at the time of the decedent's death.\n(3) For the purposes of this section, the average weekly wage of the employee shall be\ntaken as not more than the average weekl y wage of the state as determined in KRS\n342.740. In no case shall the aggregate weekly income benefits payable to all\nbeneficiaries under this section exceed the maximum income benefit that was or\nwould have been payable for total disability to the deceas ed, including benefits to\nhis dependents.\n(4) The maximum weekly income benefits payable for all beneficiaries in case of death\nshall not exceed 75 percent of the average weekly wage of the deceased as\ncalculated under KRS 342.140, subject to the maximum limits in subsection (3)\nabove. The maximum aggregate limitation shall not operate in case of payment of\ntwo (2) years' income benefits to the widow or widower upon remarriage as\nprovided under paragraph (c) of subsection (1) of this section, to prevent th e\nimmediate recalculation and payments of benefits to the remaining beneficiaries as\nprovided under subsection (2) of this section, but the weekly income benefits as to\nsuch remaining beneficiaries shall not exceed the weekly income benefit that was or\nwould have been payable for total disability to the deceased. The classes of\nbeneficiaries specified in paragraphs (a), (b), and (d) of subsection (1) of this\nsection shall have priority over all other beneficiaries in the apportionment of\nincome benefits. If  the provisions of this subsection should prevent payment to\nother beneficiaries of the income benefits to the full extent otherwise provided for\nby this section, the gross remaining amount of income benefits payable to such\nother beneficiaries shall be ap portioned by class, proportionate to the interest of\neach class in the remaining amount. Parents shall be considered to be in one class\nand those specified in paragraph (f) of subsection (1) in another class.\n(5) All relations of dependency referred to in this section shall mean dependency\nexisting at the time of the accident to the employee or at the time his or her\ndisability from an occupational disease began.\n(6) In addition to other benefits as provided by this chapter, if death occurs within four\n(4) years of the date of injury as a direct result of a work -related injury, a lump-sum\npayment of fifty thousand dollars ($50,000) shall be made to the deceased's estate,\nfrom which the cost of burial and cost of transportation of the body to the\nemployee's p lace of residence shall be paid. Annually, the commissioner shall\ncompute, in accordance with KRS 342.740, the increase or decrease in the state\naverage weekly wage, and consistent therewith, shall adjust the amount of the lump-\nsum payment due under this s ubsection for injuries occurring in the succeeding\nyear.\n(7) All benefits awarded pursuant to this section, other than those provided in\nsubsection (6) of this section, shall be subject to the limitations contained in KRS\n342.730(4).","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32550","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:32Z","sha256":"d04ee23264b52af9d3fe7a74083fc2c40c7f3487332cc29df24d477cb9782d4d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.740","next":"us-ky/krs-342.760"},"notice":"GroundRules: Original legal text. Not legal advice."}