Wisconsin Statutes
Wis. Stat. § 102.48 (2026)
Death benefit, continued
✓ current as of July 2026
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102.48102.48 Death benefit, continued. If no person who survives the deceased employee is wholly dependent upon the deceased employee for support, partial dependency and death benefits therefor shall be as follows:
102.48(1)(1) An unestranged surviving parent or parents to whose support the deceased has contributed less than $500 in the 52 weeks next preceding the injury causing death shall receive a death benefit of $6,500. If the parents are not living together, the department shall divide this sum in such proportion as the department considers to be just, considering their ages and other facts bearing on dependency.
102.48(2)(2) In all other cases the death benefit shall be such sum as the department determines to represent fairly and justly the aid to support which the dependent might reasonably have anticipated from the deceased employee but for the injury. To establish anticipation of support and dependency, it shall not be essential that the deceased employee made any contribution to support. The aggregate benefits in that case shall not exceed twice the average annual earnings of the deceased or 4 times the contributions of the deceased to the support of his or her dependents during the year immediately preceding the deceased employee’s death, whichever amount is the greater. In no event shall the aggregate benefits in that case exceed the amount that would accrue to a person who is solely and wholly dependent. When there is more than one partial dependent the weekly benefit shall be apportioned according to their relative dependency. The term “support” as used in ss. 102.42 to 102.63 shall include contributions to the capital fund of the dependents for their necessary comfort.
102.48(3)(3) Except as otherwise provided, a death benefit, other than burial expenses, shall be paid in weekly installments corresponding in amount to two-thirds of the weekly earnings of the employee, until otherwise ordered by the department.
Notes of Decisions
Cited in 8
cases, 1935–2006 · leading case: Teschendorf v. State Farm Ins. Companies, 2006 WI 89 (Wis. 2006).
Teschendorf v. State Farm Ins. Companies, 2006 WI 89 (Wis. 2006). “American Family notes this policy decision is embodied in Wis. Stat. §§ 102.48 , 102.49, and 102.51, which limit a death benefit to dependents of the deceased.”
Thomas v. Indus. Comm'n, 10 N.W.2d 206 (Wis. 1943). “The right to recover against the insurer is denied them on the ground that because it is said, they cannot be legally liable to themselves and therefore they have no right to a death benefit under the provisions of sec. 102.48, Stats. That section provides: “If the deceased…”
Larson v. Dep't of Indus., Labor & Human Relations, 252 N.W.2d 33 (Wis. 1977). “Travelers subsequently paid $2,000 to Nelson’s parents pursuant to sec. 102.48(1), Stats.; $500 funeral expenses pursuant to sec.”
Dowe v. Specialty Brass Co., 262 N.W. 605 (Wis. 1935). ““(2) Where the injury proximately causes permanent partial disability, the unaccrued compensation shall first be applied toward funeral expenses, not to exceed two hundred dollars, any remaining sum to be paid to dependents, as provided in this section and section 102.48 and…”
Duluth-Superior Milling Co. v. Indus. Comm'n, 276 N.W. 300 (Wis. 1937). “1935, provides in part: “If the deceased employee leaves no one wholly dependent upon him for support, partial dependency and death benefits therefor shall be as follows : “(1) An unestranged surviving parent or parents, residing within any of the states of District of Columbia…”
T. J. Moss Tie Co. v. Indus. Comm'n, 28 N.W.2d 884 (Wis. 1947). “It is contended that in the event Fannie Mae Hackard is not entitled to the death benefit, Julia Dawson, mother of the deceased, is entitled to receive it under the provisions of sec. 102.48, Stats. The mandate is amended by directing the trial court to remand the record to the…”
Vander Heiden v. Indus. Comm'n, 17 N.W.2d 898 (Wis. 1945). “” It may be here noted that sec. 102.48, Stats., next above referred to, does not apply to the instant case.”
Burrows v. Indus. Comm'n, 16 N.W.2d 434 (Wis. 1944). “Sec. 102.48, Stats., fixes the award to an unestranged surviving parent, as is the instant applicant, in case of an accident proximately causing death, as did the instant accident, at the amount above stated.”
— Wis. Stat. § 102.48(1) — 1 case
Larson v. Dep't of Indus., Labor & Human Relations, 252 N.W.2d 33 (Wis. 1977). “Travelers subsequently paid $2,000 to Nelson’s parents pursuant to sec. 102.48(1), Stats.; $500 funeral expenses pursuant to sec.”
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