Rhode Island General Laws
Chapter 28-33 - Workers’ Compensation — Benefits
Section 28-33-12. - Death benefits payable to dependents.

§ 28-33-12. Death benefits payable to dependents.
(a)(1) If death results from the injury, the employer shall pay the dependents of the employee wholly dependent upon his or her earnings for support at the time of his or her injury or death, whichever is the greater in number, a weekly payment equal to the rate that would have been payable for total incapacity to the deceased employee under the provisions of § 28-33-17, except as provided in this section in case the dependent is the surviving spouse or child under the age of eighteen (18) of that employee.
(2) If the dependent is a surviving spouse, or surviving spouse upon whom there is dependent one or more children of the deceased employee including an adopted child or stepchild under the age of eighteen (18) years or over that age but physically or mentally incapacitated from earning, the employer shall pay the surviving spouse the weekly rate for total incapacity the deceased employee would have been entitled to receive under the provisions of § 28-33-17 plus forty dollars ($40.00) per week for each dependent child.
(3) “Child” within the meaning of this section also includes any child of the injured employee conceived but not born at the time of the employee’s injury, and the compensation provided for in this section shall be payable on account of any child from the date of the child’s birth.
(b) Upon the remarriage or death of the surviving spouse, or if there is no surviving spouse then upon the death of the injured employee, the compensation payable under this chapter shall subsequently be paid to those dependent child or children of the injured employee, and if there is more than one child the compensation shall be divided equally among them and the compensation shall be not more than the weekly rate for total incapacity due the injured employee under the provisions of § 28-33-17 for the dependent child plus forty dollars ($40.00) for each additional dependent child.
(c) If the employee leaves dependents only partly dependent upon his or her earnings for support at the time of his or her injury or death, the employer shall pay that dependent from the date of the injury or death, whichever is greater in number, a weekly compensation equal to the amount of the average weekly contribution by the employee to the partial dependents, not exceeding the weekly payments provided in this section for the benefit of wholly dependent persons.
(d) When weekly payments have been made to an injured employee before his or her death, the compensation to dependents shall begin from the date of the last of those payments; and provided, that if the deceased leaves no dependents at the time of the injury or death, the employer shall not be liable to pay compensation under chapters 29 — 38 of this title except as specifically provided in § 28-33-16.
(e) Except in the case of a dependent child physically or mentally incapacitated from earning, dependency benefits for each child shall terminate when that dependent child attains his or her eighteenth (18th) birthday; provided, that the payment of dependency benefits to a dependent child over the age of eighteen (18) years shall continue as long as that child is satisfactorily enrolled as a full-time student in an educational institution or an educational facility duly accredited or approved by the appropriate state educational authorities at the time of enrollment. Those payments shall not be continued beyond the age of twenty-three (23) years.
(f) When a surviving spouse without dependent children remarries, benefits payable under this section shall cease on the date of the remarriage.
(g) A surviving spouse entitled to benefits under this section shall receive an annual cost of living increase of four percent (4%) on every anniversary of the date of death for so long as he or she is eligible for benefits under this section.
History of Section.P.L. 1912, ch. 831, art. 2, § 6; G.L. 1923, ch. 92, art. 2, § 6; P.L. 1926, ch. 764, § 5; P.L. 1927, ch. 1058, § 1; P.L. 1936, ch. 2290, § 5; P.L. 1936, ch. 2358, § 4; G.L. 1938, ch. 300, art. 2, § 6; P.L. 1942, ch. 1246, § 1; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-33-12; P.L. 1963, ch. 46, § 1; P.L. 1969, ch. 152, § 1; P.L. 1974, ch. 268, § 1; P.L. 1976, ch. 199, § 1; P.L. 1982, ch. 32, art. 1, § 6; P.L. 1986, ch. 372, § 1; P.L. 1986, ch. 507, § 7; P.L. 1987, ch. 555, § 1; P.L. 1992, ch. 31, § 5; P.L. 1992, ch. 68, § 1; P.L. 2000, ch. 491, § 4.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 28 - Labor and Labor Relations

Chapter 28-33 - Workers’ Compensation — Benefits

Section 28-33-1. - Employees entitled to compensation.

Section 28-33-1.1. - [Repealed.]

Section 28-33-2. - Injuries occasioned by willful intent or intoxication.

Section 28-33-2.1. - Injuries occasioned by employer-sponsored social or athletic activities.

Section 28-33-3. - [Repealed.]

Section 28-33-4. - Commencement of compensation.

Section 28-33-5. - Medical services provided by employer.

Section 28-33-6. - Failure to provide or accept medical services.

Section 28-33-7. - Health service provider reimbursement.

Section 28-33-8. - Employee’s choice of physician, dentist, or hospital — Payment of charges — Physician reporting schedule.

Section 28-33-8.1. - Managed care programs.

Section 28-33-9. - Order declaring employer liable for medical services.

Section 28-33-10. - “Dental, hospital, and medical services” defined.

Section 28-33-11. - Notice of hearings — Time of decision.

Section 28-33-12. - Death benefits payable to dependents.

Section 28-33-13. - Persons presumed wholly dependent.

Section 28-33-14. - Determination of dependency — Division of payments among dependents.

Section 28-33-15. - Relationship and dependency required.

Section 28-33-16. - Burial expenses.

Section 28-33-17. - Weekly compensation for total incapacity — Permanent total disability — Dependents’ allowances.

Section 28-33-17.1. - Employees not entitled to compensation.

Section 28-33-17.2. - Employee’s affirmative duty to report earnings — Penalties for failure to provide earnings report — Civil and criminal liability.

Section 28-33-17.3. - Fraud and abuse.

Section 28-33-18. - Weekly compensation for partial incapacity.

Section 28-33-18.1. - Employees not entitled to compensation for total incapacity.

Section 28-33-18.2. - Suitable alternative employment.

Section 28-33-18.3. - Continuation of benefits — Partial incapacity.

Section 28-33-19. - Additional compensation for specific injuries.

Section 28-33-20. - Computation of earnings.

Section 28-33-20.1. - Computation of earnings for recurrence — Burden of employee to establish recurrence.

Section 28-33-21. - Savings or other insurance not to be considered.

Section 28-33-22. - Minors employed in violation of law.

Section 28-33-23. - Persons to whom compensation payable in event of death.

Section 28-33-24. - Cessation of payments on death of employee.

Section 28-33-25. - Settlement for lump sum or structured-type payment.

Section 28-33-25.1. - Settlement of disputed cases.

Section 28-33-26. - Waivers of compensation void.

Section 28-33-27. - Immunity of claims from assignment or liability for debt.

Section 28-33-28. - Priority of claim over debts of employer.

Section 28-33-29. - Exercise of rights or privileges by guardian, conservator, or next friend.

Section 28-33-30. - Time for notice of injury to employer.

Section 28-33-31. - Contents of notice to employer.

Section 28-33-32. - Manner of serving notice.

Section 28-33-33. - Inaccuracies in notice — Want of notice as defense.

Section 28-33-34. - Physical examination by employer’s physician — Report.

Section 28-33-34.1. - Schedule of medical review.

Section 28-33-35. - Appointment of impartial medical examiner.

Section 28-33-36. - Payment of medical examiner’s fees.

Section 28-33-37. - Examination by impartial examiner — Reports.

Section 28-33-38. - Refusal to submit to examination.

Section 28-33-39. - Transportation costs for medical examination.

Section 28-33-40. - [Repealed.]

Section 28-33-41. - Rehabilitation of injured persons.

Section 28-33-41.1. - Review of rehabilitative program upon request or petition by employer.

Section 28-33-42. - [Repealed.]

Section 28-33-43. - Employer liability for property damage.

Section 28-33-44. - Continuation of health insurance benefits.

Section 28-33-45. - Coordination of benefits — Retirement benefits.

Section 28-33-46. - Anniversary review.

Section 28-33-47. - Reinstatement of injured worker.