{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-47","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-47","heading":"Beneficiaries in case of death","body":"A. Time of death. If death does not result within one (1) year\n\nfrom the date of the accident or within the first three (3) years of\n\nthe period for compensation payments fixed by the compensation\n\njudgment, a rebuttable presumption shall arise that the death did\n\nnot result from the injury.\n\nB. Common law spouse. A common law spouse shall not be\n\nentitled to benefits under this section unless he or she obtains an\n\norder from the Workers' Compensation Commission ruling that a common\n\nlaw marriage existed between the decedent and the surviving spouse.\n\nThe ruling by the Commission shall be exclusive in regard to\n\nbenefits under this section regardless of any district court\n\ndecision regarding the probate of the decedent's estate.\n\nC. Beneficiaries - Amounts. If an injury or occupational\n\nillness causes death, weekly income benefits shall be payable as\n\nfollows:\n\n1. If there is a surviving spouse, a lump-sum payment of One\n\nHundred Thousand Dollars ($100,000.00) and seventy percent (70%) of\n\nthe lesser of the deceased employee's average weekly wage and the\n\nstate average weekly wage. In addition to the benefits theretofore\n\npaid or due, two (2) years' indemnity benefit in one lump sum shall\n\nbe payable to a surviving spouse upon remarriage;\n\n2. If there is a surviving spouse and one (1) child, the child\n\nshall receive a lump-sum payment of Twenty-five Thousand Dollars\n\n($25,000.00) and fifteen percent (15%) of the lesser of the deceased\n\nemployee's average weekly wage and the state average weekly wage.\n\nIf there is more than one (1) child but less than five (5) children,\n\neach child shall receive a lump-sum payment of Twenty-five Thousand\n\nDollars ($25,000.00) and a pro rata share of thirty percent (30%) of\n\nthe deceased employee's average weekly wage for claims with a date\n\nof accident occurring on or after the effective date of this act.\n\nIf there are five (5) or more children, each child shall receive a\n\npro rata share of One Hundred Thousand Dollars ($100,000.00) and a\n\npro rata share of thirty percent (30%) of the deceased employee's\n\naverage weekly wage for claims with a date of accident occurring on\n\nor after the effective date of this act;\n\n3. If there is a child or children and no surviving spouse, a\n\nlump-sum payment of Twenty-five Thousand Dollars ($25,000.00) and\n\nfifty percent (50%) of the lesser of the deceased employee's average\n\nweekly wage and the state average weekly wage to each child. If\n\nthere are more than two children, each child shall receive a pro\n\nrata share of one hundred percent (100%) of the lesser of the\n\ndeceased employee's average weekly wage and the state average weekly\n\nwage. With respect to the lump-sum payment, if there are more than\n\nsix children, each child shall receive a pro rata share of One\n\nHundred Fifty Thousand Dollars ($150,000.00);\n\n4. If there is no surviving spouse or children, each legal\n\nguardian, if financially dependent on the employee at the time of\n\ndeath, shall receive twenty-five percent (25%) of the lesser of the\n\ndeceased employee's average weekly wage and the state average weekly\n\nwage until the earlier of death, becoming eligible for Social\n\nSecurity, obtaining full-time employment, or five (5) years from the\n\ndate benefits under this section begin; and\n\n5. The employer shall pay the actual funeral expenses, not\n\nexceeding the sum of Ten Thousand Dollars ($10,000.00).\n\nD. The weekly income benefits payable to the surviving spouse\n\nunder this section shall continue while the surviving spouse remains\n\nunmarried. In no event shall this spousal weekly income benefit be\n\ndiminished by the award to other beneficiaries. The weekly income\n\nbenefits payable to any child under this section shall terminate on\n\nthe earlier of death, marriage, or reaching the age of eighteen\nD. The weekly income benefits payable to the surviving spouse\n\nunder this section shall continue while the surviving spouse remains\n\nunmarried. In no event shall this spousal weekly income benefit be\n\ndiminished by the award to other beneficiaries. The weekly income\n\nbenefits payable to any child under this section shall terminate on\n\nthe earlier of death, marriage, or reaching the age of eighteen\n\n(18). However, if the child turns eighteen (18) and is:\n\n1. Enrolled as a full-time student in high school or is being\n\nschooled by other means pursuant to the Oklahoma Constitution;\n\n2. Enrolled as a full-time student in any accredited\n\ninstitution of higher education or vocational or technology\n\neducation; or\n\n3. Physically or mentally incapable of self-support,\n\nthen he or she may continue to receive weekly income benefits under\n\nthis section until the earlier of reaching the age of twenty-three\n\n(23) or, with respect to paragraphs 1 and 2 of this subsection, no\n\nlonger being enrolled as a student, and with respect to paragraph 3\n\nof this subsection, becoming capable of self-support.\n\nE. If any member of the class of beneficiaries who receive a\n\npro rata share of weekly income benefits becomes ineligible to\n\ncontinue to receive benefits, the remaining members of the class\n\nshall receive adjusted weekly income benefits equal to the new class\n\nsize.\n\nF. To receive benefits under this section, a beneficiary or his\n\nor her guardian, if applicable, shall file a proof of loss form with\n\nthe Commission. All questions of dependency shall be determined as\n\nof the time of the injury. The employer shall initiate payment of\n\nbenefits within fifteen (15) days of the Commission's determination\n\nof the proper beneficiaries. The Commission shall appoint a\n\nguardian ad litem to represent known and unknown minor children and\n\nthe guardian ad litem shall be paid a reasonable fee for his or her\n\nservices.","path":["OK Code","Title 85A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e046d210fbe3cce7eee2f22dce3af82095ed8b57210946ee30aa29a25781f1c4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-46","next":"us-ok/okla.-stat.-tit.-85a-85a-48"},"notice":"GroundRules: Original legal text. Not legal advice."}