Most workers' compensation questions are about medical care and lost wages. The hardest ones come after a death. Tennessee answers them in Tennessee Code § 50-6-210, which sets out who counts as a dependent and what share of the worker's average weekly wage is paid.
The statute says that in death cases, compensation is paid to the persons entitled to it without administration, meaning it does not have to pass through an estate first.
Who is presumed dependent
A surviving spouse is conclusively presumed wholly dependent, unless it is shown the spouse was voluntarily living apart at the time of injury. Children under 16 are also conclusively presumed wholly dependent. Children between 16 and 18, or over 18 if physically or mentally incapacitated from earning, are prima facie considered dependent.
Other relatives, such as parents, grandparents, brothers, and sisters, can be actual or partial dependents if the worker supported them.
| Who survives the worker | Share of average weekly wages under § 50-6-210 |
|---|---|
| Surviving spouse, no dependent child | 66 2/3% |
| Surviving spouse and one or more dependent children | 66 2/3%, paid to the spouse for the spouse and children |
| Spouse remarries, no child of the worker | Periodic benefits end; one lump sum of 100 weeks at 25% of average weekly wages, subject to the maximum total benefit |
| No spouse or child; one wholly dependent parent | 25% |
| No spouse or child; both parents wholly dependent | 35% |
| Dependent child in school | Benefits until age 22 for qualifying secondary, postsecondary, or career or technical education |
Source: Tennessee Code § 50-6-210. Weekly maximum and minimum benefit amounts also apply.
How the percentages work
If the worker leaves a surviving spouse and no dependent child, the spouse receives 66 2/3 percent of the deceased worker's average weekly wages. The same 66 2/3 percent applies when there is a spouse and one or more dependent children, paid to the spouse for the benefit of the spouse and children.
If there is no spouse or child entitled to payment, a wholly dependent parent receives 25 percent of average weekly wages, and two wholly dependent parents receive 35 percent. Tennessee's weekly benefit limits change each year: Tennessee raised its workers’ comp weekly benefit caps for injuries on or after July 1, 2026.
Remarriage and students
Upon the remarriage of a surviving spouse, if there is no child of the deceased worker, periodic benefits end. The spouse is then entitled to one lump sum equal to 100 weeks based on 25 percent of the worker's average weekly wages, subject to the maximum total benefit.
For children, a dependent attending secondary education, a program leading to an equivalent credential, or a recognized postsecondary or career or technical institution receives benefits until age 22.
Keeping benefits in place
After benefits are set, the employer or insurer may periodically ask a dependent for information about whether they still qualify. The dependent must respond within 15 days of the request. If the dependent fails to provide it, the employer or insurer may suspend benefits. Disputes go through the benefit determination process: Most injured Tennessee workers have one year to file a Petition for Benefit Determination before the claim is barred.
What employers should take from this
- Death benefits are part of what a workers' comp policy is for. Confirm your coverage is active and on file: TDCI’s workers’ comp page says verify coverage online — a certificate may not warn you of cancellation.
- If the voluntary market will not write your business, there is a residual market: TDCI explains how Tennessee employers buy workers’ comp and reach the residual market.
- Prompt injury reporting still matters in serious cases: Tennessee workers generally have 15 days to report a job injury, and most employers then owe them a choice of three doctors.
This article is informational only. It summarizes Tennessee Code § 50-6-210 and does not promise benefits, coverage, or eligibility. The statute, the Bureau of Workers' Compensation, and the courts decide individual claims.
Related reading from All Seasons
- Tennessee raised its workers’ comp weekly benefit caps for injuries on or after July 1, 2026.
- Most injured Tennessee workers have one year to file a Petition for Benefit Determination before the claim is barred.
- TDCI’s workers’ comp page says verify coverage online — a certificate may not warn you of cancellation.
- TDCI explains how Tennessee employers buy workers’ comp and reach the residual market.
- Tennessee workers generally have 15 days to report a job injury, and most employers then owe them a choice of three doctors.
- Tennessee’s Uninsured Employers Fund caps benefits at $40,000 for workers hurt on the job without coverage.
- Tennessee workers' comp does not pay for injuries caused by intoxication, willful misconduct, or refusing a safety device.
Free policy review
All Seasons Insurance Group offers a free personal policy review. Call 865-263-1400 or visit asigtn.com/get-a-quote/. This article is informational only and does not promise coverage or eligibility; your policy forms control. Seasons change. So should your coverage.
Who is presumed dependent under Tennessee workers' comp?
A surviving spouse, unless voluntarily living apart at the time of injury, and children under 16 are conclusively presumed wholly dependent.
Are older children dependents?
Children 16 to 18, or over 18 if physically or mentally incapacitated from earning, are prima facie considered dependent.
What does a surviving spouse with no children receive?
66 2/3 percent of the deceased worker's average weekly wages, subject to the statute's limits.
What happens if the surviving spouse remarries?
If there is no child of the worker, periodic benefits end and the spouse receives one lump sum equal to 100 weeks at 25 percent of average weekly wages.
Can parents receive death benefits?
If there is no spouse or child entitled to payment, one wholly dependent parent receives 25 percent and both receive 35 percent of average weekly wages.
How long do children in school receive benefits?
A dependent in qualifying secondary, postsecondary, or career or technical education receives benefits until age 22.
Can death benefits be suspended?
If a dependent does not provide requested dependency information within 15 days, the employer or insurer may suspend benefits.
How can All Seasons help after reading this?
Call 865-263-1400 or visit asigtn.com/get-a-quote/ for a free personal policy review. Informational only; no coverage promises. Seasons change. So should your coverage.
