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Updated 10/01/2025

Death & Dependency Benefits Calculator

Minnesota workers' compensation survivor benefits (Minn. Stat. § 176.111)

Written by Dan Swenson, Roger Poehls, Grant Buchanan, and Robert Wilson, Workers' Comp AttorneysReviewed for accuracy by Dan Swenson, Roger Poehls, Grant Buchanan, and Robert WilsonLast updated: October 1, 2025

This tool estimates death and dependencybenefits under Minnesota workers' compensation. It's meant to be quick and readable: enter the weekly wage, pick the dependent type, and the calculator will show the weekly benefit rate (including the maximum weekly rate based on the date of death).

For wage calculations, start with the AWW (Average Weekly Wage) calculator.

After a work death, there may be more than one claim.

Comp is only part of the picture. If someone outside the employer was at fault, or a vehicle was involved, the family may also have a wrongful-death, no-fault, or survivor claim. See the After a Work-Related Death guide for every benefit and deadline in one place.

What will my family receive?

First, we are sorry. Losing someone to a work injury is devastating, and the paperwork that follows can feel cold. This walkthrough gives you a plain-English picture of what Minnesota workers' compensation provides for a death, and, just as important, what it does not.

We usually tell people they may not need a lawyer. Death claims are the exception. A few minutes here will show you why, and there is no cost to talk it through.

Detailed calculator

Prefer to enter exact dates and model total exposure and present-day value? Use the full calculator below.

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How death and dependency benefits are estimated

Death benefits go to the worker’s dependents as a percentage of the weekly wage at the time of injury, paid weekly. There is a $60,000 statutory minimum to dependents, and burial expenses are covered up to $15,000.

Who the dependents are sets the percentage and how long it lasts: a spouse with no dependent child, a spouse with children, orphans, and dependent parents are each paid at different rates. The combined weekly benefit cannot exceed the maximum for temporary total disability.

This is the one calculator where we tell almost everyone to call. Some death situations really are straightforward — but government survivor benefits coordinate with these payments, and if anyone other than the employer caused the death, there may be a separate wrongful-death case worth far more, with evidence that has to be preserved immediately.

Worked example

A worker earning $1,200 a week who leaves a spouse and two dependent children: the family receives 66-2/3% — about $800 a week (subject to the maximum) — until the last child is no longer a dependent, then the surviving spouse continues at 50% of the weekly wage for ten years. A spouse with no children also receives 50% for ten years. A single worker with no dependents is different: there are no weekly benefits, but the estate receives a $60,000 payment plus burial expenses up to $15,000.

When to call

Use your result as a screen. Most claims that are on track do not need a lawyer; the ones that are off track usually do.

Green — may be on track

Your situation is one of the more straightforward ones — a clear dependency category and no question about who caused the death. Save this estimate, but a free call to confirm the category and check Social Security / pension coordination still pays for itself.

Yellow — worth watching

There are children aging in and out, a remarriage, a question about who was actually a dependent, or government survivor benefits in the mix. The math and the coordination get tricky — have it checked.

Red — good reason to call

Someone other than the employer may have caused the death, the worker may have been called an "independent contractor," the employer was uninsured, or anyone is disputing dependency. Call right away — there may be a wrongful-death case with a deadline and evidence that disappears.

Frequently asked questions

Do I need a lawyer for a Minnesota work-comp death claim?
We tell a lot of people they do not need a lawyer, and some death claims really are straightforward. But death is the one area where we tell almost everyone to at least call. The benefits are modest and rigid, government benefits coordinate with them, and if anyone other than the employer was at fault there may be a separate, much larger wrongful-death case with evidence that vanishes fast. The call is free — make it.
Who counts as a dependent in a Minnesota death claim?
A surviving spouse is presumed wholly dependent unless they were voluntarily living apart from the worker. Children are dependents under 18, or under 25 if they are a full-time student (high school, college, university, or vocational/technical training). A child 18 or older who cannot support themselves because of a physical or mental disability is also a dependent. Beyond that, other family members the worker was wholly supporting — a parent, grandparent, grandchild, sibling, even an in-law — can qualify as actual dependents.
Do you have to be legally married to get spouse death benefits?
Yes. Minnesota does not recognize a common-law marriage formed in Minnesota, so an unmarried partner generally does not qualify as a surviving spouse (a common-law marriage validly created in another state may be recognized). You generally must have been legally married at the time of the injury. This is exactly the kind of thing to confirm with a lawyer, because it changes everything.
How much does a surviving spouse with no children receive?
Fifty percent of the worker’s weekly wage for ten years, with annual adjustments. If that spouse later remarries, the benefits continue for the rest of that ten-year period — remarriage no longer cuts them off.
How much do a surviving spouse and children receive, and what happens as the kids age out?
A spouse with one dependent child receives 60% of the wage; a spouse with two or more dependent children receives 66-2/3%. That higher family rate continues until the last child is no longer a dependent — even as older children age out along the way. Once the last child is no longer dependent, the surviving spouse keeps receiving benefits at 50% of the weekly wage for a ten-year period (the statute frames this as a reduction from the family rate, but it works out to the same 50% a spouse with no children receives).
What if the worker was single with no dependents?
Then there are no weekly dependency benefits — this is where workers’ comp does the poorest job. Instead, the worker’s estate receives a $60,000 lump-sum payment, and burial expenses are covered up to $15,000. A parent who was actually wholly dependent on the worker is treated differently (see below).
What do dependent parents receive?
If the worker leaves no dependent spouse or child but both parents were wholly dependent, they are paid 45% of the wage jointly (35% to the survivor if one parent dies, and 35% if only one parent was wholly dependent), capped at what the worker actually contributed to their support. A parent who was not dependent does not receive weekly benefits, though they may inherit the $60,000 estate payment.
How is the average weekly wage figured for a death claim?
Essentially the same way as for any other benefit — gross wages under the standard rules. The death benefits are then paid as a percentage of that weekly wage, so getting the wage right matters here just like it does for TTD or PPD.
Which date controls — the date of injury or the date of death?
Both matter. The dependency percentage starts from the worker’s weekly wage at the time of injury, but the maximum weekly rate that caps the benefit comes from the law in effect on the date of death. So a benefit can be figured off an older wage yet limited by a newer maximum.
Does Social Security or a pension reduce the work-comp death benefit?
It can. By law, work-comp death benefits and government survivor benefits together cannot exceed 100% of the worker’s weekly wage, so there is a coordination offset. Social Security separately pays survivor benefits — monthly benefits to a spouse and minor children, plus a one-time $255 death payment — and public employees may have separate PERA or MSRS survivor benefits. These all interact, which is a major reason to get advice before assuming a number.
What is a "third party," and why does it matter so much in a death case?
A third party is anyone other than the employer or a co-worker whose fault caused the death. Workers’ comp pays no matter who was at fault, but it is limited — there is no payment for pain, suffering, or loss of companionship; it is essentially wage replacement. If a third party caused the death, the family can also bring a wrongful-death lawsuit that compensates for the loss of aid, comfort, and support, and those recoveries are often far, far larger than the comp benefits.
Can you give examples of a third-party death case?
Two common ones. First, a worker driving for the job is killed by another driver who was at fault and works for a different company — that driver and their employer can be third parties. Second, on a construction site a worker is killed by something dropped by a different contractor’s crew — that other contractor is a third party. The key is that the at-fault party is not the worker’s own employer or co-employee.
Can the family sue the employer or a co-worker for causing the death?
Generally no. Workers’ comp is the exclusive remedy against the employer, even if the employer was negligent or grossly negligent — fault does not add anything, and the family receives comp either way. A co-employee is only personally liable for gross negligence or an intentional act. That is exactly why the third-party question matters so much: the large recovery, when there is one, comes from someone outside the company.
There might be a lawsuit — why the urgency?
Because the most important evidence disappears. In a disputed wrongful-death case the proof often lives on cell phones, security and dash cameras, GPS, and the data recorders in trucks (airbag and event data). A lawyer can move immediately to appoint a trustee (required to bring the suit in Minnesota), send preservation letters, and demand that data before it is overwritten or lost. The sooner this starts, the stronger the case. This is not about being pushy — it is the one situation where waiting can cost the family the case.
What if the employer did not have workers’ comp insurance?
You are still covered. The state Special Compensation Fund pays benefits when an employer is uninsured. On construction projects, liability can also run "up the chain" — if a subcontractor is uninsured, the general or intermediate contractor (and their insurer) can be responsible for the benefits. Do not assume there is no coverage just because the direct employer had none.
What if they claim the worker was an "independent contractor"?
That label is often wrong. Whether someone is an employee turns mainly on control — who directs the work, who sets the schedule, and whether the worker really bore a risk of profit or loss — not on what a tax form or a cash arrangement says. Many people labeled "independent contractors," including informal or cash jobs, are employees under workers’ comp law. If a death claim is denied on this basis, it is worth fighting.
Is a surviving spouse entitled to retraining or rehabilitation?
Yes. A qualified dependent surviving spouse can request vocational rehabilitation services through the state to help become self-supporting. It is a benefit many families do not know exists, so ask about it.
Was the worker owed PPD before they died?
Possibly. If the worker had a ratable permanent partial disability from the injury before death, that PPD may still be owed, separate from the death benefits. The specifics get technical, so raise it with an attorney to make sure nothing your family is owed gets left on the table.

Sources

This is an informational tool, not legal advice. Results depend entirely on the information you enter and may not reflect all statutory exceptions or fact-specific rules. Verify against the underlying statute and consult an attorney for case-specific decisions.

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