                                 CODE OF VIRGINIA

COMPENSATION TO DEPENDENTS OF AN EMPLOYEE KILLED; BURIAL EXPENSES (§ 65.2-512)

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&#8217;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 &#xA7; 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 &#xA7;
   65.2-515, to those persons presumed to be wholly dependent as set forth in
   subdivision A 3 of &#xA7; 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&#8217;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
&#8220;employee&#8221; in &#xA7; 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 &#8220;employee&#8221; in &#xA7; 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 &#8220;employee&#8221;
in &#xA7; 65.2-101.

HISTORY: 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.