In Massachusetts, if an employee is injured in a work related accident that results in the employee's death, the surving spouse of a fatally injured worker may be eligible for workers' compensation benefits. The benefits include reimbursement of burial expenses up to $4,000 and weekly death benefits.
The weekly death benefits are governed by Massachusetts General Laws, Chapter 152 Section 31. Section 31 provides that the surviving spouse may be eligible for weekly workers' compensation benefits equal to two-thirds of the deceased worker's average weekly wage, but no more than the state's average weekly wage (SAWW) set by the Commonwealth of Massachusetts and in effect at the time of the injury or death. The total payments of death benefits to the surviving spouse shall not be more than the SAWW multiplied by 250.
If the surviving spouse remarries, all death benefits from workers' compensation shall terminate.