Wisconsin Statutes
Wis. Stat. § 102.46 (2026)
Death benefit
✓ current as of July 2026
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102.46102.46 Death benefit. Where death proximately results from the injury and the deceased leaves a person wholly dependent upon him or her for support, the death benefit shall equal 4 times his or her average annual earnings, but when added to the disability indemnity paid and due at the time of death, shall not exceed two-thirds of weekly wage for the number of weeks set out in s. 102.44 (3).
102.46 AnnotationDeath benefits under the worker’s compensation law. Fortune. WBB Apr. 1987.
Notes of Decisions
Cited in 12
cases, 1934–2011 · leading case: Int'l Paper Co. v. Labor & Indus. Review Comm'n, 2001 WI App 248 (Wis. Ct. App. 2001).
Int'l Paper Co. v. Labor & Indus. Review Comm'n, 2001 WI App 248 (Wis. Ct. App. 2001). “Lorraine Wieseler, Helmsman Management Service and International Paper Corn- *352 pany appeal a circuit cour t order affirming a decision of the Labor and Industry Review Commission (LIRC) concluding that International Paper Company, rather than the Work Injury Supplemental…”
Day v. Allstate Indem. Co., 2011 WI 24 (Wis. 2011). “43 (5)); death benefit ( Wis. Stat. § 102.46 ); compensation for burial expenses ( Wis.”
Johnson v. ABC Ins., 532 N.W.2d 130 (Wis. 1995). “Section 102.46, Stats. (1993-94). 2 Mrs. Johnson brought a subsequent wrongful death action both personally and as the administrator of her husband's estate against the manufacturer and sellers of the tires which were on the truck at the time of Mr.”
State v. LIRC, 401 N.W.2d 585 (Wis. 1987). “er than as a proximate result of the injury, before disability indemnity ceases, death benefit and burial expense allowance shall be as follows: "(1) Where the injury proximately causes permanent total disability, they shall be the same as if the injury had caused death, except…”
State v. Labor & Indus. Review Comm'n, 401 N.W.2d 585 (Wis. 1987). “er than as a proximate result of the injury, before disability indemnity ceases, death benefit and burial expense allowance shall be as follows: "(1) Where the injury proximately causes permanent total disability, they shall be the same as if the injury had caused death, except…”
Pigeon v. Dep't of Indus., Labor & Human Relations, 316 N.W.2d 117 (Wis. Ct. App. 1981). “Even if, on remand, the applicant successfully contended that the injury proximately resulted in her husband’s death, the amount of benefits under sec. 102.46, Stats. (1977), when she made her claim, “shall not exceed seventy percent of weekly wage for the number of weeks set…”
Bellrichard v. Indus. Comm'n, 21 N.W.2d 395 (Wis. 1945). “The material part of that section is as follows: “(1) Where the beneficiary under section 102.46 or subsection (1) of section 102.”
Cummings Ex Rel. Cummings v. Klawitter, 506 N.W.2d 750 (Wis. Ct. App. 1993). “[8] We recognize that as a result of our decision, the appellants and others similarly situated may obtain a double recovery for pecuniary loss, which, to a large extent, is compensated by the award of a death benefit under sec. 102.46, Stats. We also recognize the anomaly that…”
Allis-Chalmers Mfg. Co. v. Indus. Comm'n, 255 N.W. 887 (Wis. 1934). “Sec. 102.46, Stats., fixes the basis for computing the award for death benefits, when death of an employee immediately results from an injury sustained in the course of his employment, and when the beneficiaries are wholly dependent on him for support, at four times the…”
Chilovi v. Indus. Comm'n, 17 N.W.2d 575 (Wis. 1945). “Under sec. 102.46, Stats., which provides for death benefit where death proximately results from the injury, the dependent must be alive at the time of the death of the injured person in order to obtain the benefit provided, and in sec.”
In re Brien, 128 B.R. 220 (E.D. Wis. 1991). “The court finds that the Dowe case is controlling in the present circumstances, that §§ 102.46, 102.47 and 102.51 give the debtor a direct entitlement to the $59,-611.”
Houlihan v. ABC Ins. Co., 542 N.W.2d 178 (Wis. Ct. App. 1995). “2d at 134 (where worker's compensation insurer paid a death benefit based upon employee's wages and the statutory formula in § 102.46, Stats., it had the requisite liability for the employee's death to qualify for reimbursement under § 102.”
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