Losing a spouse is one of the hardest things a family can face. When that loss happens because of a workplace accident, surviving family members are often left dealing with grief, financial uncertainty, and a long list of questions about the future. One question we occasionally hear from surviving spouses is, “If I remarry, will I lose my workers’ compensation death benefits?” Like many legal questions, the answer depends on the specific facts of the claim.
Remarriage Can Affect Benefits
Under Maryland workers’ compensation law, remarriage may impact a surviving spouse’s eligibility for ongoing death benefits. However, remarriage does not
automatically mean benefits stop the day you get married. The outcome often depends on factors such as whether there are dependent children, when the claim arose, and how benefits were awarded. Because Maryland’s workers’ compensation laws have changed over the years, two families in similar situations may receive different treatment under the law.
What If There Are Dependent Children?
When children are receiving death benefits, remarriage may affect the spouse’s share differently than the children’s share. In many cases, dependent children can continue receiving benefits even if the surviving spouse remarries. These benefits often continue until age 18 and may extend longer for full-time students attending an accredited educational program. Every claim is different, which is why it is important to review the specific award or settlement before making assumptions about future benefits.
What About Settlements?
Some death benefit claims are resolved through a settlement rather than ongoing weekly payments. If a claim was settled for a lump-sum payment, remarriage may have little effect because future benefits were already addressed in the settlement agreement. The language of the settlement matters, and reviewing those documents is often the best place to start.
Before You Make Financial Decisions, Get Answers
We’ve represented Maryland workers and families for decades, and one thing we’ve learned is that small details can make a big difference in a workers’ compensation claim. If you’re receiving workers’ compensation death benefits and are unsure how remarriage could affect your benefits, it is worth reviewing the claim documents before making assumptions. A quick review now may help you avoid surprises later and give you a clearer picture of what to expect moving forward.
