West Virginia Adjusters Practice Exam

Jasmine was receiving permanent total disability benefits when she died of a heart attack, which was unrelated to her original injury. How much will her two children receive in death benefits under workers' compensation?

1. An award equal to 104 times Jasmine's weekly PTD benefits at the time of her death, split between the two children

2. None, because the death was unrelated to her injury

3. The children will only receive medical benefits until they turn 18

4. The children will receive the remaining PTD benefits that Jasmine was entitled to

The correct answer is: An award equal to 104 times Jasmine's weekly PTD benefits at the time of her death, split between the two children

The correct response reflects the provision that under workers' compensation laws, children of a deceased individual who was receiving permanent total disability benefits are entitled to receive death benefits. Specifically, this amount is calculated as an award equal to 104 times the weekly permanent total disability benefits that the individual was receiving at the time of death. This amount is then divided between the children, ensuring financial support for them as dependents of the deceased. This approach is consistent with the intention of workers' compensation systems to support dependents impacted by the loss of their caregiver, regardless of the cause of that death, as long as the individual was receiving benefits at the time of their passing.