Dependency in Workmen's Compensation:Letting the Expectations and Conduct of Affected Parties Play A More Significant Role

Abstract

The death benefits provided by compensation legislation must satisfy two tests. First, the benefits should cover the net economic loss resulting from occupational death.' Second, those survivors who could have expected to benefit from future earnings ought to share appropriately in the sum total of the benefits provided. This article focuses primarily upon this second question. The inadequacy of available benefits, however, may require the exclusion as beneficiaries of some survivors with expectations of support in order more adequately to provide for others. Thus, inadequacy of total benefits will be considered when it is relevant to the determination of who is entitled to receive benefits. To the extent that present laws fail to include all survivors with reasonable expectation of support and fail to provide fully adequate compensation for net economic losses, there is need for reform in the provision of death benefits.