HB44 • 2026

WORKERS COMP DEATH BENEFITS

An Act relating to workers' compensation death benefits; and providing for an effective date.

Children Labor

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: REPRESENTATIVE JOSEPHSON
Last action: 2025-01-22
Official status: (H) L&C
Effective date: Not listed

Plain English Breakdown

The official text confirms the effective date of January 1, 2026, but does not specify if this applies retroactively to injuries occurring before that date.

Changes to Alaska Workers' Compensation Death Benefits

This bill updates the amounts and rules for money paid to family members when a worker dies from an injury.

What This Bill Does

Sets the maximum payment for funeral expenses at $12,000.
Defines specific percentages of weekly wages paid to widows, widowers, or children based on their situation.
Requires that if a widow or widower remarries, they receive two years of benefits as one final lump sum payment.
Provides 42 percent of the deceased's spendable weekly wage for dependent parents, siblings, or grandchildren up to $150,000 total.
Adds an extra $8,000 payment for a surviving widow or widower, or divides it among children if there is no spouse.
Sets a lump sum of $120,000 for parents or the estate when there are no dependent spouses or children.

Who It Names or Affects

Widows and widowers of workers who die from job-related injuries
Children of deceased workers
Parents, siblings, grandchildren, or other dependents named in the law
The estates of deceased workers

Terms To Know

Death benefit: Money paid to family members when a worker dies from an injury.
Spendable weekly wages: The amount of money the deceased earned each week, used as the base for calculating payments.
Lump sum: A single payment made all at once instead of regular checks over time.

Limits and Unknowns

The bill does not explain how to calculate the exact 'spendable weekly wages' for each worker.
It is unclear if these new amounts apply only to injuries happening after January 1, 2026, or also to older cases.

Bill History

2025-01-22 42
(H) REFERRED TO LABOR & COMMERCE
2025-01-22 42
(H) L&C, FIN
2025-01-22 42
(H) READ THE FIRST TIME - REFERRALS
2025-01-22 42
(H) PREFILE RELEASED 1/17/25

Official Summary Text

WORKERS COMP DEATH BENEFITS
An Act relating to workers' compensation death benefits; and providing for an effective date.

Current Bill Text

Read the full stored bill text

HB0044a -1- HB 44
New Text Underlined [DELETED TEXT BRACKETED]

34-LS0257\A

HOUSE BILL NO. 44

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - FIRST SESSION

BY REPRESENTATIVE JOSEPHSON

Introduced: 1/22/25
Referred: Labor and Commerce, Finance

A BILL

FOR AN ACT ENTITLED

"An Act relating to workers' compensation death benefits; and p roviding for an 1
effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 23.30.215(a) is amended to read: 4
(a) If the injury causes death, the compensation is known as a death benefit 5
and is payable in the following amounts to or for the benefit of the following persons: 6
(1) reasonable and necessary funeral expenses not exceeding $12,000; 7
(2) if there is a widow or widower or a child or children of t he 8
deceased, the following percentages of the spendable weekly wages of the deceased: 9
(A) 80 percent for the widow or widower with no children; 10
(B) 50 percent for the widow or widower with one child and 40 11
percent for the child; 12
(C) 30 percent for the widow or widower with two or more 13
children and 70 percent divided equally among the children; 14
34-LS0257\A
HB 44 -2- HB0044a
New Text Underlined [DELETED TEXT BRACKETED]

(D) 100 percent for an only child when there is no widow or 1
widower; 2
(E) 100 percent, divided equally, if there are two or more 3
children and no widow or widower; 4
(3) if the widow or widower remarries, the widow or widower is 5
entitled to be paid in one sum an amount equal to the compensat ion to which the 6
widow or widower would otherwise be entitled in the two years c ommencing on the 7
date of remarriage as full and final settlement of all sums due the widow or widower; 8
(4) if there is no widow or widower or child or children, then for the 9
support of father, mother, grandc hildren, brothers, and sisters , if dependent on the 10
deceased at the time of injury, 42 percent of the spendable wee kly wage of the 11
deceased to such beneficiaries, share and share alike, not to e xceed $150,000 in the 12
aggregate; 13
(5) $8,000 to a surviving widow or widower, or equally divided among 14
surviving children of the deceased if there is no widow or widower; and 15
(6) if there is no widow or widower or child or children, and the 16
father, mother, grandchildren, brothers, and sisters were not d ependent on the 17
deceased at the time of injury, the following amounts are payable in a lump sum: 18
(A) $120,000 to the surviving parent, if there is only one 19
surviving parent; 20
(B) $120,000 divided equally amo ng the surviving parents, 21
if there are two or more surviving parents; or 22
(C) $120,000 to the estate of the decedent, if there are no 23
surviving parents. 24
* Sec. 2. This Act takes effect January 1, 2026. 25