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RSA 281-A:26 · Compensation for Death

Title
XXIII: LABOR
Chapter
281-A · WORKERS' COMPENSATION
Status
current
Official source linked
Yes
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281-A:26 Compensation for Death. – If death results from an injury, weekly compensation shall be paid to the dependents of the deceased employee in an amount provided by the compensation schedule in RSA 281-A:28 as follows:

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I.

In all cases in which compensation is payable to a widow or widower for the benefit of herself or himself and dependent children, the commissioner shall have the power to determine from time to time, in the commissioner's discretion, what portion of the compensation shall be applied for the benefit of any such children and may order the same paid to a guardian.

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II.

In the case of the remarriage of a widow or widower without dependent children, compensation payments shall cease.

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III.

In the case of the remarriage of a widow or widower who has dependent children, the unpaid balance of compensation which would otherwise become due shall be payable to the mother, father, or guardian, or such other person as the commissioner may order, for the use and benefit of such children during dependency.

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IV.

The employer shall pay burial expenses not to exceed $10,000.

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V.

Any dependent, except a widow or a widower or children, who, at the time of the injury to the person covered under this chapter, is only partially dependent upon the injured person's earnings shall receive such proportion of the benefits provided for those wholly dependent as the amount of the wage contributed by the deceased to such partial dependent at the time of the injury bore to the total support of the dependent.

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VI.

Compensation for a dependent child shall continue until the child becomes 18 years of age, or until the child becomes 25 years of age if such child is enrolled as a full-time student in an accredited educational institution. However, if the commissioner determines that the child is self-supporting or if the child marries or is legally adopted, compensation shall cease. A dependent child who is physically or mentally incapacitated shall continue to receive compensation as long as the incapacity continues. This paragraph shall have no effect on accidents or fatalities occurring prior to July 1, 1975, which shall be governed by the provisions of workers' compensation law prior to that date.

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VII.

Compensation payable to any dependent other than a widow, widower, or children shall cease when such dependent is married, is legally adopted, or is determined by the commissioner to be self-supporting. Source. 1988, 194:2. 1990, 254:17. 2009, 78:1, eff. Jan. 1, 2010.

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Source note

Source. 1988, 194:2. 1990, 254:17. 2009, 78:1, eff. Jan. 1, 2010.

Source history

  • 1988, 194:2
  • 1990, 254:17
  • 2009, 78:1, eff. Jan. 1, 2010

Related materials

Bill relationships

  • 2026 HB1705 amend · effective 2027-07-01

    e Senate and House of Representatives in General Court convened: 1 New Sections; State-Funded Employee Assistance Program for Small Communities; Establishment of Fund. Amend RSA 281-A by inserting after section 17-f the following new sections: 281-A:17-g First Responders Support Fund. There is established a first responders support fund, which shall be administered by the department of health an

  • 2026 HB1705-FN amend · effective 2027-07-01

    e Senate and House of Representatives in General Court convened: 1 New Sections; State-Funded Employee Assistance Program for Small Communities; Establishment of Fund. Amend RSA 281-A by inserting after section 17-f the following new sections: 281-A:17-g First Responders Support Fund. There is established a first responders support fund, which shall be administered by the department of health an

  • 2026 HB216 reference

    Retirement. Amend RSA 100-A:4, III(b) to read as follows: (b) Notwithstanding the provisions of subparagraph (a) or any other law to the contrary, any member who receives a weekly award under the provisions of RSA 281-A from the commissioner of labor, for injury arising out of and in the course of employment, shall be entitled to creditable service for said period [not in excess of one year]. To receive creditable service, a

  • 2026 HB216-FN reference

    III(b) to read as follows: (b) Notwithstanding the provisions of subparagraph (a) or any other law to the contrary, any member who receives a weekly award under the provisions of RSA 281-A from the commissioner of labor, for injury arising out of and in the course of employment, shall be entitled to creditable service for said period [not in excess of one year]. To receive creditable service, a member sha

  • 2026 SB661 reference

    d workers' compensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secreta

  • 2026 SB661-FN reference

    d workers' compensation and unemployment compensation programs, which are regulated by and which report to the department of labor and the department of employment security, under RSA 281-A and RSA 282-A, respectively, shall be exempt from the requirements of this section as long as their operations and reports conform to the laws and rules adopted by those departments. 5-B:4-a Authority of the Secreta

  • 2025 HB2 amend

    604-A. 141:344 Workers' Compensation; First Responder's Critical Injury Benefit. Amend RSA 281-A:32-a, II to read as follows: II. Payments awarded under this section shall be subject to all other provisions of RSA 281-A. Total compensation payments for all additional compensation claims paid under this section shall not exceed $125,000 per claimant. Benefits paid under this section for all claimants shall not exceed [$500,000

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