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Death Benefits

RSA 281-A:26

Pursuant to RSA 281-A:26 and New Hampshire Administrative Rule Chapter Lab 515.08 The Authorization for Compensation for Death, weekly compensation is paid to the surviving dependents of a deceased worker if the fatality occurred as a result of an injury arising out of and in the course of employment.

The definition of a dependent can be found in RSA 281-A:2 V. The basic death benefits are contained within RSA 281-A:26 and an overview is as follows:

In a compensable case with compensation payable to a widow or widower for the benefit of herself or himself and dependent children, the commissioner shall determine what portion of the compensation shall be applied for the benefit of any such children and may order the same paid to a guardian.

In the case of the remarriage of a widow or widower without dependent children, compensation payments would cease.

In the case of the remarriage of a widow or widower who has dependent children, the unpaid balance of compensation, which would otherwise become due, shall be payable to the custodial parent or guardian as ordered by the commissioner for the use and benefit of such children during their dependency.

The employer shall pay burial expenses not to exceed $10,000.00.

Any dependent, except a widow or a widower or children, who, at the time of the injury, is only partially dependent upon the injured person's earnings shall receive such proportion of the benefits provided for those wholly dependent as the amount of the wage contributed by the deceased to such partial dependent at the time of the injury bore to the total support of the dependent.

Compensation for a dependent child shall continue until the child becomes 18 years of age, or until the child becomes 25 years of age and that child is enrolled as a full-time student in an accredited educational institution. However, if the commissioner determines that the child is self-supporting or if the child marries or is legally adopted, compensation shall cease. A dependent child who is physically or mentally incapacitated shall continue to receive compensation as long as the incapacity continues.

Compensation payable to any dependent other than the widow, widower, or children shall cease when such dependent is married, is legally adopted, or is determined by the commissioner to be self-supporting.

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