Sec. 321.
If death results from the personal injury of an employee, the employer shall pay, or cause to be paid, subject to section 375, in 1 of the methods provided in this section, to the dependents of the employee who were wholly dependent upon the employee's earnings for support at the time of the injury, a weekly payment equal to 80% of the employee's after-tax average weekly wage, subject to the maximum and minimum rates of compensation under this act, for a period of 500 weeks from the date of death. If at the expiration of the 500-week period any such wholly or partially dependent person is less than 21 years of age, a worker's compensation magistrate may order the employer to continue to pay the weekly compensation or some portion thereof until the wholly or partially dependent person reaches the age of 21. If the employee leaves dependents only partially dependent upon his or her earnings for support at the time of injury, the weekly compensation to be paid shall be equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as 80% of the amount contributed by the employee to the partial dependents bears to the annual earnings of the deceased at the time of injury.
History: 1969, Act 317, Eff. Dec. 31, 1969 ;-- Am. 1980, Act 357, Eff. Jan. 1, 1982 ;-- Am. 1985, Act 103, Imd. Eff. July 30, 1985 ;-- Am. 1994, Act 271, Imd. Eff. July 11, 1994 Compiler's Notes: For legislative intent as to severability, see Compiler's note to MCL 418.213.Popular Name: Act 317Popular Name: Heart and Lung Act
Structure Michigan Compiled Laws
Chapter 418 - Worker's Disability Compensation
Act 317 of 1969 - Worker's Disability Compensation Act of 1969 (418.101 - 418.941)
317-1969-3 - Chapter 3 Compensation (418.301...418.391)
Section 418.302 - "Wage Earning Capacity" Defined.
Section 418.305 - Wilful Misconduct of Employee.
Section 418.311 - Compensation Payments; Computations.
Section 418.313 - “After-Tax Average Weekly Wage” Defined; Tables.
Section 418.315a - Medical Marihuana Treatment; Reimbursement by Employer Not Required.
Section 418.319 - Medical or Vocational Rehabilitation Services.
Section 418.321 - Compensation for Death Resulting From Personal Injury.
Section 418.341 - Dependents; Qualifications; Party in Interest.
Section 418.352 - Supplement to Weekly Compensation.
Section 418.353 - Determination of Dependency.
Section 418.354 - Coordination of Benefits.
Section 418.355 - Adjustment of Maximum Weekly Rate; Computing Supplemental Benefit.
Section 418.357 - Employee 65 or Older; Reduction of Weekly Payments; Exception.
Section 418.358 - Reduction of Benefits.
Section 418.359 - Repealed. 1985, Act 103, Imd. Eff. July 10, 1985.
Section 418.364 - Repealed. 2011, Act 266, Imd. Eff. Dec. 19, 2011.
Section 418.371 - Weekly Loss in Wages; Average Weekly Wage.
Section 418.375 - Death of Injured Employee; Death Benefits in Lieu of Further Disability Indemnity.
Section 418.383 - Notice of Injury; Unintentional Errors; Actual Knowledge.