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§ 561. Persons entitled to compensation on death of employe; amounts

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 77 P.S. Workers’ CompensationEffective: October 24, 2018

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 77 P.S. Workers' Compensation (Refs & Annos)
Chapter 5. Liability and Compensation (Refs & Annos)
Compensation and Payment
Persons Entitled
Effective: October 24, 2018
77 P.S. § 561
§ 561. Persons entitled to compensation on death of employe; amounts
In case of death, compensation shall be computed on the following basis, and distributed to the following persons: Provided, That in no case shall the wages of the deceased be taken to be less than fifty per centum of the Statewide average weekly wage for purposes of this section:
(1) If there be no widow nor widower entitled to compensation, compensation shall be paid to the guardian of the child or children, or, if there be no guardian, to such other persons as may be designated by the board as hereinafter provided as follows:
(a) If there be one child, thirty-two per centum of wages of deceased, but not in excess of the Statewide average weekly wage.
(b) If there be two children, forty-two per centum of wages of deceased, but not in excess of the Statewide average weekly wage.
(c) If there be three children, fifty-two per centum of wages of deceased, but not in excess of the Statewide average weekly wage.
(d) If there be four children, sixty-two per centum of wages of deceased, but not in excess of the Statewide average weekly wage.
(e) If there be five children, sixty-four per centum of wages of deceased, but not in excess of the Statewide average weekly wage.
(f) If there be six or more children, sixty-six and two-thirds per centum of wages of deceased, but not in excess of the Statewide average weekly wage.
The amounts payable under (b), (c), (d), (e) and (f) of clause (1) of this section shall be divided equally among the children if those children are with different guardians.
(2) To the widow or widower, if there be no children, fifty-one per centum of wages, but not in excess of the Statewide average weekly wage.
(3) To the widow or widower who is the guardian of all of the deceased's children, payment shall be as follows:
(a) If there is one child, sixty per centum of wages, but not in excess of the Statewide average weekly wage.
(b) If there are two or more children, sixty-six and two-thirds per centum of wages, but not in excess of the Statewide average weekly wage.
(4) If there is a widow or widower who is not the guardian of all of the deceased's children, the widow or widower and to the respective guardians as follows:
(a) If there is one child, a total of sixty per centum of wages, but not in excess of the Statewide average weekly wage, to be divided equally between the widow or widower and the child.
(b) If there are two or more children, a total of sixty-six and two-thirds per centum of wages, but not in excess of the Statewide average weekly wage, to be divided as follows: thirty-three and one-third per centum to the widow or widower and the remainder to be divided equally among the children.
(5) If there be neither widow, widower, nor children entitled to compensation, then to the father or mother, if dependent to any extent upon the employe at the time of the injury, thirty-two per centum of wages but not in excess of the Statewide average weekly wage: Provided, however, That in the case of a minor child who has been contributing to his parents, the dependency of said parents shall be presumed: And provided further, That if the father or mother was totally dependent upon the deceased employe at the time of the injury, the compensation payable to such father or mother shall be fifty-two per centum of wages, but not in excess of the Statewide average weekly wage.
(6) If there be neither widow, widower, children, nor dependent parent, entitled to compensation, then to the brothers and sisters, if actually dependent upon the decedent for support at the time of his death, twenty-two per centum of wages for one brother or sister, and five per centum additional for each additional brother or sister, with a maximum of thirty-two per centum of wages of deceased, but not in excess of the Statewide average wage, such compensation to be paid to their guardian, or if there be no guardian, to such other person as may be designated by the board, as hereinafter provided.
(7) Whether or not there be dependents as aforesaid, the reasonable expense of burial, not exceeding seven thousand dollars ($7,000), which shall be paid by the employer or insurer directly to the undertaker (without deduction of any amounts theretofore paid for compensation or for medical expenses).

Credits

1915, June 2, P.L. 736, No. 338, art. III, § 307. Amended 1919, June 26, P.L. 642, § 2; 1923, July 11, P.L. 1060, No. 432, § 1; 1927, April 13, P.L. 186, § 2; 1929, April 26, P.L. 829, § 3. Reenacted and amended 1937, June 4, P.L. 1552, No. 323, § 1; 1939, June 21, P.L. 520, No. 281, § 1. Amended 1945, May 18, P.L. 671, § 1; 1949, May 14, P.L. 1369, § 1; 1952, Jan. 2, P.L.(1951) 1803, § 2; 1953, Aug. 24, P.L. 1382, § 3; 1956, Feb. 28, P.L.(1955) 1120, § 1; 1959, Dec. 28, P.L. 2034, § 2, effective Jan. 30, 1960; 1961, Aug. 8, P.L. 982, § 1; 1961, Sept. 30, P.L. 1762, § 1; 1965, Dec. 31, P.L. 1284, § 4; 1968, Jan. 17, P.L. 6, No. 4, § 1, effective March 17, 1968; 1972, March 29, P.L. 159, No. 61, § 15, effective May 1, 1972; 1974, Dec. 5, P.L. 782, No. 263, § 12, effective in 60 days; 1993, July 2, P.L. 190, No. 44, § 9, effective in 60 days; 2006, July 7, P.L. 330, No. 68, § 1, imd. effective; 2018, Oct. 24, P.L. 714, No. 111, § 2, imd. effective.
77 P.S. § 561, PA ST 77 P.S. § 561
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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