85.31 DEATH CASES -- DEPENDENTS.
1. a. When death results from the injury, the employer shall
pay the dependents who were wholly dependent on the earnings of the
employee for support at the time of the injury, during their
lifetime, compensation upon the basis of eighty percent per week of
the employee's average weekly spendable earnings, commencing from the
date of death as follows:
(1) To the surviving spouse for life or until remarriage,
provided that upon remarriage two years' benefits shall be paid to
the surviving spouse in a lump sum, if there are no children entitled
to benefits.
(2) To any child of the deceased until the child shall reach the
age of eighteen, provided that a child beyond eighteen years of age
shall receive benefits to the age of twenty-five if actually
dependent, and the fact that a child is under twenty-five years of
age and is enrolled as a full-time student in any accredited
educational institution shall be a prima facie showing of actual
dependency.
(3) To any child who was physically or mentally incapacitated
from earning at the time of the injury causing death for the duration
of the incapacity from earning.
(4) To all other dependents as defined in section 85.44 for the
duration of the incapacity from earning.
b. The weekly benefit amount shall not exceed a weekly
benefit amount, rounded to the nearest dollar, equal to two hundred
percent of the statewide average weekly wage paid employees as
determined by the department of workforce development under section
96.19, subsection 36, and in effect at the time of the injury. The
minimum weekly benefit amount shall be equal to the weekly benefit
amount of a person whose gross weekly earnings are thirty-five
percent of the statewide average weekly wage. Such compensation
shall be in addition to the benefits provided by sections 85.27 and
85.28.
2. When the injury causes the death of a minor employee whose
earnings were received by the parent and such parent was wholly
dependent upon the earnings of the minor employee for support at the
time of the injury, the compensation to be paid such parent shall be
the weekly compensation for an adult with like earnings. For the
purposes of this section a stepparent shall be regarded as a parent
only when the stepparent has actually received the stepparent's
principal support from the stepchild who died as a result of
compensable injuries.
3. If the employee leaves dependents only partially dependent
upon the employee's earnings for support at the time of the injury,
the weekly compensation to be paid as aforesaid, shall be equal to
the same proportion of the weekly payments for the benefit of persons
wholly dependent as the amount contributed by the employee to such
partial dependents bears to the annual earnings of the deceased at
the time of the injury.
4. Where an employee is entitled to compensation under this
chapter for an injury received, and death ensues from any cause not
resulting from the injury for which the employee was entitled to the
compensation, payments of the unpaid balance for such injury shall
cease and all liability therefor shall terminate.
5. Except as otherwise provided by treaty, whenever, under the
provisions of this and chapters 86 and 87, compensation is payable to
a dependent who is an alien not residing in the United States at the
time of the injury, the employer shall pay fifty percent of the
compensation herein otherwise provided to such dependent, and the
other fifty percent shall be paid into the second injury fund in the
custody of the treasurer of state. But if the nonresident alien
dependent is a citizen of a government having a compensation law
which excludes citizens of the United States, either resident or
nonresident, from partaking of the benefits of such law in as
favorable degree as herein extended to the nonresident alien, then
said compensation which would otherwise be payable to such dependent
shall be paid into the second injury fund in the custody of the
treasurer of state.
85.31 DEATH CASES -- DEPENDENTS.
1. a. When death results from the injury, the employer shall
pay the dependents who were wholly dependent on the earnings of the
employee for support at the time of the injury, during their
lifetime, compensation upon the basis of eighty percent per week of
the employee's average weekly spendable earnings, commencing from the
date of death as follows:
(1) To the surviving spouse for life or until remarriage,
provided that upon remarriage two years' benefits shall be paid to
the surviving spouse in a lump sum, if there are no children entitled
to benefits.
(2) To any child of the deceased until the child shall reach the
age of eighteen, provided that a child beyond eighteen years of age
shall receive benefits to the age of twenty-five if actually
dependent, and the fact that a child is under twenty-five years of
age and is enrolled as a full-time student in any accredited
educational institution shall be a prima facie showing of actual
dependency.
(3) To any child who was physically or mentally incapacitated
from earning at the time of the injury causing death for the duration
of the incapacity from earning.
(4) To all other dependents as defined in section 85.44 for the
duration of the incapacity from earning.
b. The weekly benefit amount shall not exceed a weekly
benefit amount, rounded to the nearest dollar, equal to two hundred
percent of the statewide average weekly wage paid employees as
determined by the department of workforce development under section
96.19, subsection 36, and in effect at the time of the injury. The
minimum weekly benefit amount shall be equal to the weekly benefit
amount of a person whose gross weekly earnings are thirty-five
percent of the statewide average weekly wage. Such compensation
shall be in addition to the benefits provided by sections 85.27 and
85.28.
2. When the injury causes the death of a minor employee whose
earnings were received by the parent and such parent was wholly
dependent upon the earnings of the minor employee for support at the
time of the injury, the compensation to be paid such parent shall be
the weekly compensation for an adult with like earnings. For the
purposes of this section a stepparent shall be regarded as a parent
only when the stepparent has actually received the stepparent's
principal support from the stepchild who died as a result of
compensable injuries.
3. If the employee leaves dependents only partially dependent
upon the employee's earnings for support at the time of the injury,
the weekly compensation to be paid as aforesaid, shall be equal to
the same proportion of the weekly payments for the benefit of persons
wholly dependent as the amount contributed by the employee to such
partial dependents bears to the annual earnings of the deceased at
the time of the injury.
4. Where an employee is entitled to compensation under this
chapter for an injury received, and death ensues from any cause not
resulting from the injury for which the employee was entitled to the
compensation, payments of the unpaid balance for such injury shall
cease and all liability therefor shall terminate.
5. Except as otherwise provided by treaty, whenever, under the
provisions of this and chapters 86 and 87, compensation is payable to
a dependent who is an alien not residing in the United States at the
time of the injury, the employer shall pay fifty percent of the
compensation herein otherwise provided to such dependent, and the
other fifty percent shall be paid into the second injury fund in the
custody of the treasurer of state. But if the nonresident alien
dependent is a citizen of a government having a compensation law
which excludes citizens of the United States, either resident or
nonresident, from partaking of the benefits of such law in as
favorable degree as herein extended to the nonresident alien, then
said compensation which would otherwise be payable to such dependent
shall be paid into the second injury fund in the custody of the
treasurer of state.
85.31 DEATH CASES -- DEPENDENTS.
1. a. When death results from the injury, the employer shall
pay the dependents who were wholly dependent on the earnings of the
employee for support at the time of the injury, during their
lifetime, compensation upon the basis of eighty percent per week of
the employee's average weekly spendable earnings, commencing from the
date of death as follows:
(1) To the surviving spouse for life or until remarriage,
provided that upon remarriage two years' benefits shall be paid to
the surviving spouse in a lump sum, if there are no children entitled
to benefits.
(2) To any child of the deceased until the child shall reach the
age of eighteen, provided that a child beyond eighteen years of age
shall receive benefits to the age of twenty-five if actually
dependent, and the fact that a child is under twenty-five years of
age and is enrolled as a full-time student in any accredited
educational institution shall be a prima facie showing of actual
dependency.
(3) To any child who was physically or mentally incapacitated
from earning at the time of the injury causing death for the duration
of the incapacity from earning.
(4) To all other dependents as defined in section 85.44 for the
duration of the incapacity from earning.
b. The weekly benefit amount shall not exceed a weekly
benefit amount, rounded to the nearest dollar, equal to two hundred
percent of the statewide average weekly wage paid employees as
determined by the department of workforce development under section
96.19, subsection 36, and in effect at the time of the injury. The
minimum weekly benefit amount shall be equal to the weekly benefit
amount of a person whose gross weekly earnings are thirty-five
percent of the statewide average weekly wage. Such compensation
shall be in addition to the benefits provided by sections 85.27 and
85.28.
2. When the injury causes the death of a minor employee whose
earnings were received by the parent and such parent was wholly
dependent upon the earnings of the minor employee for support at the
time of the injury, the compensation to be paid such parent shall be
the weekly compensation for an adult with like earnings. For the
purposes of this section a stepparent shall be regarded as a parent
only when the stepparent has actually received the stepparent's
principal support from the stepchild who died as a result of
compensable injuries.
3. If the employee leaves dependents only partially dependent
upon the employee's earnings for support at the time of the injury,
the weekly compensation to be paid as aforesaid, shall be equal to
the same proportion of the weekly payments for the benefit of persons
wholly dependent as the amount contributed by the employee to such
partial dependents bears to the annual earnings of the deceased at
the time of the injury.
4. Where an employee is entitled to compensation under this
chapter for an injury received, and death ensues from any cause not
resulting from the injury for which the employee was entitled to the
compensation, payments of the unpaid balance for such injury shall
cease and all liability therefor shall terminate.
5. Except as otherwise provided by treaty, whenever, under the
provisions of this and chapters 86 and 87, compensation is payable to
a dependent who is an alien not residing in the United States at the
time of the injury, the employer shall pay fifty percent of the
compensation herein otherwise provided to such dependent, and the
other fifty percent shall be paid into the second injury fund in the
custody of the treasurer of state. But if the nonresident alien
dependent is a citizen of a government having a compensation law
which excludes citizens of the United States, either resident or
nonresident, from partaking of the benefits of such law in as
favorable degree as herein extended to the nonresident alien, then
said compensation which would otherwise be payable to such dependent
shall be paid into the second injury fund in the custody of the
treasurer of state.
