§ 65.2-512 Compensation to dependents of an employee killed; burial expenses
A. Except as provided in subsections F, G and H, if death results from the accident within nine years, the employer shall pay, or cause to be paid, compensation in weekly payments equal to 66 and two-thirds percent of the employee’s average weekly wages, but not more than 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500 nor less than 25 percent of the average weekly wage as defined therein:
1. To those persons presumed to be wholly dependent upon the deceased employee as set forth in subdivisions A 1 and 2 of § 65.2-515, for a period of 500 weeks from the date of injury; or
2. If there are no total dependents pursuant to subdivision A 1 or 2 of § 65.2-515, to those persons presumed to be wholly dependent as set forth in subdivision A 3 of § 65.2-515, and to those determined to be wholly dependent in fact, for a period of 400 weeks from the date of injury; or
3. If there are no total dependents, to partial dependents in fact, for a period of 400 weeks from the date of injury.
B. The employer shall also pay burial expenses not exceeding $10,000 and reasonable transportation expenses for the deceased not exceeding $1,000.
C. Benefits shall be divided equally among total dependents, to the exclusion of partial dependents. If there are no total dependents, benefits shall be divided among partial dependents according to the dependency of each upon the earnings of the employee at the time of the injury, in the proportion that partial dependency bears to total dependency.
D. If benefits are terminated as to any member of a class herein, that member’s share shall be divided among the remaining members of the class proportionately according to their dependency.
E. When weekly payments have been made to an injured employee before his death, the compensation to dependents shall begin from the date of the last of such payments but shall not continue for a period longer than specified in subsection A.
F. No benefits shall be paid pursuant to this section to the dependents of an AmeriCorps member as defined in subdivision 1 r of the definition of “employee” in § 65.2-101.
G. No benefits shall be paid pursuant to subsection A, C, D, or E to the dependents of a Food Stamp recipient participating in the work experience component of the Food Stamp Employment and Training Program as defined in subdivision 1 s of the definition of “employee” in § 65.2-101.
H. No benefits shall be paid pursuant to subsection A, C, D, or E to the dependents of a Temporary Assistance for Needy Families recipient participating in the work experience component of the Virginia Initiative for Education and Work as defined in subdivision 1 t of the definition of “employee” in § 65.2-101.
History
The record of this law’s original creation isn’t available online. It has been modified 25 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 226; in 1954, chapter 654; in 1956, chapter 243; in 1958, chapter 568; in 1960, chapter 556; in 1962, chapter 503; in 1964, chapter 94; in 1966, chapter 64; in 1968, chapters 8 and 660; in 1970, chapters 470 and 643; in 1972, chapter 229; in 1973, chapters 401 and 542; in 1974, chapter 560; in 1975, chapter 447; in 1976, chapter 166; in 1981, chapter 247; in 1984, chapter 409; in 1985, chapter 35; in 1991, chapter 355; in 1992, chapters 2 and 147; in 1998, chapter 100; in 2004, chapter 888; in 2005, chapter 472; in 2019, chapter 210; in 2020, chapter 900.
Code 1950, §§ 65-62, 65-65, 65-67; 1952, c. 226; 1954, c. 654; 1956, c. 243; 1958, c. 568; 1960, c. 556; 1962, c. 503; 1964, c. 94; 1966, c. 64; 1968, cc. 8, 660, §§ 65.1-65, 65.1-68, 65.1-70; 1970, cc. 470, 643; 1972, c. 229; 1973, cc. 401, 542; 1974, c. 560; 1975, c. 447; 1976, c. 166; 1981, c. 247; 1984, c. 409; 1985, c. 35; 1991, c. 355; 1992, cc. 2, 147; 1998, c. 100; 2004, c. 888; 2005, c. 472; 2019, c. 210; 2020, c. 900.