Payment of compensation at death of employee
If a worker gets hurt on the job and then dies, the employer still has to pay any workers' comp money that was already owed before the death. That money goes to the worker's dependents (like a spouse or kids), or if there are none, to the worker's estate. If the worker dies from something unrelated to the work injury, the dependents can still collect the remaining scheduled payments from the injury, but nothing more beyond that.
287.230. Payment of at death of employee — exceptions — of . — 1. The death of the injured employee shall not affect the of the employer to furnish compensation as in this chapter provided, so far as the liability has and become payable at the time of the death, and any accrued and unpaid compensation due the employee shall be paid to his without , or if there are no dependents, to his or other persons entitled , but the death shall be to be the of the .
2. Where an employee is entitled to compensation under this chapter, of compensation as provided for in section 287.200, for an injury received and death ensues for any cause not resulting from the injury for which the employee was entitled to compensation, payments of the unpaid under section 287.190 and no other compensation for the injury shall be paid to the surviving dependents at the time of death.
3. In applying the of this chapter, it is the intent of the to reject and the holding in Schoemehl v. Treasurer of the State of Missouri, 217 S.W.3d 900 (Mo. 2007), and all cases citing, interpreting, applying, or following this case.
(RSMo 1939 § 3708, A.L. 1965 p. 397, A.L. 2008 H.B. 1883)
Prior revision: 1929 § 3318
Effective 6-26-08
(1954) of benefits to for weeks after the death of employee (from cause) held proper under 2 of this section. Henderson v. Bearing (A.), 267 S.W.2d 349.
(2008) Interpretation of law decided while other cases are pending applies to all actions pending on and to date on which opinion was issued. Strait v. Treasurer of Missouri, 257 S.W.3d 600 (Mo.banc).
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.