WCD Implements Legislative Changes to Death Benefit Calculation

Monday, December 11, 2017 | 0

Oregon’s Workers’ Compensation Division has announced that monthly benefits for all children of workers killed in industrial accidents will increase to 25% of the average weekly wage at the start of the year.

Monthly benefit amounts are unchanged for surviving children receiving payments at a rate of 25% of the AWW, or for surviving children and dependents with no surviving parent who are completing secondary education or obtaining a general education development certificate.

Any benefits currently being paid at the rate of 10%, however, must be increased to 25% at the start of the year.

The division said the benefit amount for fatal accidents occurring before July 1, 2016, will increase to $1,024.95, from $409.98. Benefits for accidents between July 1, 2016, and June 30, 2017, will increase to $1,059.44, from $423.78. Benefits for accidents on or after July 1, 2017, will increase to $1,047.27, from $418.91.

The monthly benefit for a child or dependent with no surviving parent completing a secondary education or GED program is 435% of 66.67% of the average weekly wage. Thus, for dates of injury before July 1, 2016, the benefit in this situation is $2,733.33. For dates of injury between July 1, 2016, and June 30, 2017, the benefit is $2,825.32. And for dates of injury on or after July 1, 2017, the benefit is $2,792.87.

The increases were ordered by House Bill 2338, which the Legislature passed this year to simplify how death benefits are calculated.

The addendum to Bulletin No. 377 announcing the new death benefit calculation and rates is here.