Wisconsin Statutes
Wis. Stat. § 102.49 (2026)
Additional death benefit for children, state fund
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
102.49(1)(1) Subject to any certificate filed under s. 102.65 (4), when the beneficiary under s. 102.46 or 102.47 (1) is the spouse or domestic partner under ch. 770 of the deceased employee and is wholly dependent on the deceased employee for support, an additional death benefit shall be paid from the funds provided by sub. (5) for each child by their marriage or domestic partnership under ch. 770 who is living at the time of the death of the employee and who is likewise wholly dependent on the deceased employee for support. That payment shall commence when primary death benefit payments are completed or, if advancement of compensation has been paid, when payments would normally have been completed. Payments shall continue at the rate of 10 percent of the surviving parent’s weekly indemnity until the child’s 18th birthday. If the child is physically or mentally incapacitated, payments may be continued beyond the child’s 18th birthday but the payments may not continue for more than a total of 15 years.
102.49(2)(2) A child lawfully adopted by the deceased employee and the surviving spouse or domestic partner under ch. 770, prior to the time of the injury, and a child not the deceased employee’s own by birth or adoption but living with the deceased employee as a member of the deceased employee’s family at the time of the injury shall for the purpose of this section be taken as a child by their marriage or domestic partnership under ch. 770.
102.49(3)(3) If the employee leaves a spouse or domestic partner under ch. 770 wholly dependent and also a child by a former marriage, domestic partnership under ch. 770, or adoption, likewise wholly dependent, aggregate benefits shall be the same in amount as if the child were the child of the surviving spouse or partner, and the entire benefit shall be apportioned to the dependents in the amounts that the department determines to be just, considering the ages of the dependents and other factors bearing on dependency. The benefit awarded to the surviving spouse or partner shall not exceed 4 times the average annual earnings of the deceased employee.
102.49(4)(4) Dependency of any child for the purposes of this section shall be determined according to s. 102.51 (1), in like manner as would be done if there was no surviving dependent parent.
102.49(5)(a)(a) In each case of injury resulting in death, the employer or insurer shall pay into the state treasury the sum of $20,000.
102.49(5)(b)(b) In addition to the payment required under par. (a), in each case of injury resulting in death leaving no person dependent for support, the employer or insurer shall, except as provided in s. 102.58 (2), pay into the state treasury the amount of the death benefit otherwise payable, minus any payment made under s. 102.48 (1). The payment under this paragraph shall, except as provided in par. (cm), be made in 5 equal annual installments, with the first installment due as of the date of death.
102.49(5)(c)(c) In addition to the payment required under par. (a), in each case of injury resulting in death, leaving one or more persons partially dependent for support, the employer or insurer shall, except as provided in s. 102.58 (2), pay into the state treasury an amount which, when added to the sums paid or to be paid on account of partial dependency and under s. 102.48 (1), shall equal the death benefit payable to a person wholly dependent.
102.49(5)(cm)(cm) The employer or insurer may make advance payments of amounts owed under par. (b) or (c), up to and including a lump sum payment of the entire amount owed. If an employer or insurer makes an advance payment, the department shall give the employer or the insurer an interest credit against its liability for payments made in excess of that required under par. (b) or (c). The credit shall be computed at 5 percent.
102.49(5)(d)(d) The payment into the state treasury shall be made in all such cases regardless of whether the dependents or personal representatives of the deceased employee commence action against a 3rd party under s. 102.29. If the payment is not made within 20 days after the department makes request therefor, any sum payable shall bear interest at the rate of 7 percent per year.
102.49(5)(e)(e) The adjustments in liability provided in ss. 102.57, 102.58 (1), and 102.60 do not apply to payments made under this section.
102.49(6)(6) The department may award the additional benefits payable under this section to the surviving parent of the child, to the child’s guardian, or to such other person, bank, or trust company for the child’s use as may be found best calculated to conserve the interests of the child. If the child dies while benefits are still payable, there shall be paid the reasonable expense for burial, not exceeding $1,500.
102.49(7)(7) All payments received under this section shall be deposited in the fund established by s. 102.65.
102.49 HistoryHistory: 1971 c. 260 s. 92 (4); 1975 c. 147, 199; 1977 c. 195; 1979 c. 110 s. 60 (13); 1979 c. 278, 355; 1985 a. 83; 1991 a. 85; 1993 a. 492; 1997 a. 253; 2003 a. 144; 2005 a. 172; 2009 a. 28; 2011 a. 183; 2015 a. 55; 2021 a. 29; 2025 a. 33.
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 1936–2023 · leading case: Teschendorf v. State Farm Ins. Companies, 2006 WI 89 (Wis. 2006).
Teschendorf v. State Farm Ins. Companies, 2006 WI 89 (Wis. 2006). “Because he was unmarried and had no dependents, his worker's compensation death benefit was paid to the Fund as required by Wis. Stat. § 102.49 (5)(b) instead of Scott's estate.”
Larson v. Dep't of Indus., Labor & Human Relations, 252 N.W.2d 33 (Wis. 1977). “Such additional benefit shall be computed from the date of the death of the employe as follows:For the child one year of age or under (including a posthumous child), a sum equal to 1 1/15 times the average annual earnings of the deceased employee...." (Emphasis added.) *620 The…”
Soc'y Ins. v. Labor & Indus. Review Comm'n, 2010 WI 68 (Wis. 2010). “35 (1); (2) "[i]n each case of injury resulting in death" $20,000 must be paid, Wis. Stat. § 102.49 (5)(a); (3) "in each case of injury resulting in death leaving no person dependent for support," the amount of the entire death benefit must be paid, § 102.”
Gerth v. Am. Star Ins., 480 N.W.2d 836 (Wis. Ct. App. 1992). “Finally, American Star contends that the trial court erred by awarding American Motorists Insurance Company a judgment for $104,404, an amount American Motorists paid to the state treasury pursuant to sec. 102.49(5)(b), Stats. American Star contends that because American…”
Schwartz v. Dep't of Indus., Labor & Human Relations, 240 N.W.2d 173 (Wis. 1976). “Sec. 102.49, Stats., creates a state fund for payment of death benefits to dependent children of a person who *219 receives benefits under sec.”
Teschendorf v. State Farm Ins. Cos., 2005 WI App 10 (Wis. Ct. App. 2004). “[5] The provisions of § 102.49 essentially require worker's compensation insurance to pay the State the benefits it would otherwise "save" when a worker dies and, therefore, cannot personally receive *358 the benefits.”
Holley v. Dep't of Indus., Labor & Human Relations, 168 N.W.2d 910 (Wis. 1968). “Sec. 102.49, Stats., is an expression of the public policy of the state to provide for the welfare of dependent children of employees who sustain injuries in the course of their employment which result in their death.”
Employers Mut. Liab. Ins. v. De Bruin, 73 N.W.2d 479 (Wis. 1955). “, provides: “In the case of liability of the employer or insurer to make payment into the state treasury under the provisions of section 102.49 or 102.59, if the injury or death was due to the actionable act, neglect,, or default of a third party, the em-plnver or insurer shall…”
Secura Supreme Ins. Co. v. The Est. of Daniel Keith Huck, 2023 WI 21 (Wis. 2023). “§ 102.49 (5) required Mt. Pleasant to pay $20,000 to the state treasury for 4 No.”
Bellrichard v. Indus. Comm'n, 21 N.W.2d 395 (Wis. 1945). “The principal contentions made by the plaintiffs upon this appeal are three: (1) That the children of the deceased should, have been awarded benefits under the provisions of sec. 102.49, Stats. 1943. The material part of that section is as follows: “(1) Where the beneficiary…”
Secura Supreme Ins. Co. v. The Est. of Daniel Keith Huck, 2021 WI App 69 (Wis. Ct. App. 2021). “2020AP1078-FT § 102.49(5)(b).7 Teschendorf, 293 Wis. 2d 123, ¶3 .”
W. Cas. & Sur. Co. v. Shafton, 283 N.W. 806 (Wis. 1939). “29 (3), which reads: “In the case of liability of the employer or insurer to make payment into the state treasury under the provisions of section 102.49 or 102.59, if the injury or death was due to the actionable act, neglect, or default of a third party, the employer or insurer…”
— Wis. Stat. § 102.49(1) — 2 cases
Larson v. Dep't of Indus., Labor & Human Relations, 252 N.W.2d 33 (Wis. 1977). “Such additional benefit shall be computed from the date of the death of the employe as follows:For the child one year of age or under (including a posthumous child), a sum equal to 1 1/15 times the average annual earnings of the deceased employee...." (Emphasis added.) *620 The…”
Teschendorf v. State Farm Ins. Companies, 2006 WI 89 (Wis. 2006). “Because he was unmarried and had no dependents, his worker's compensation death benefit was paid to the Fund as required by Wis. Stat. § 102.49 (5)(b) instead of Scott's estate.”
— Wis. Stat. § 102.49(4) — 1 case
Larson v. Dep't of Indus., Labor & Human Relations, 252 N.W.2d 33 (Wis. 1977). “Such additional benefit shall be computed from the date of the death of the employe as follows:For the child one year of age or under (including a posthumous child), a sum equal to 1 1/15 times the average annual earnings of the deceased employee...." (Emphasis added.) *620 The…”
— Wis. Stat. § 102.49(5) — 1 case
Teschendorf v. State Farm Ins. Cos., 2005 WI App 10 (Wis. Ct. App. 2004). “[5] The provisions of § 102.49 essentially require worker's compensation insurance to pay the State the benefits it would otherwise "save" when a worker dies and, therefore, cannot personally receive *358 the benefits.”
— Wis. Stat. § 102.49(5)(a) — 1 case
Teschendorf v. State Farm Ins. Companies, 2006 WI 89 (Wis. 2006). “Because he was unmarried and had no dependents, his worker's compensation death benefit was paid to the Fund as required by Wis. Stat. § 102.49 (5)(b) instead of Scott's estate.”
— Wis. Stat. § 102.49(5)(b) — 5 cases
Teschendorf v. State Farm Ins. Companies, 2006 WI 89 (Wis. 2006). “Because he was unmarried and had no dependents, his worker's compensation death benefit was paid to the Fund as required by Wis. Stat. § 102.49 (5)(b) instead of Scott's estate.”
Gerth v. Am. Star Ins., 480 N.W.2d 836 (Wis. Ct. App. 1992). “Finally, American Star contends that the trial court erred by awarding American Motorists Insurance Company a judgment for $104,404, an amount American Motorists paid to the state treasury pursuant to sec. 102.49(5)(b), Stats. American Star contends that because American…”
Soc'y Ins. v. Labor & Indus. Review Comm'n, 2010 WI 68 (Wis. 2010). “35 (1); (2) "[i]n each case of injury resulting in death" $20,000 must be paid, Wis. Stat. § 102.49 (5)(a); (3) "in each case of injury resulting in death leaving no person dependent for support," the amount of the entire death benefit must be paid, § 102.”
Secura Supreme Ins. Co. v. The Est. of Daniel Keith Huck, 2021 WI App 69 (Wis. Ct. App. 2021). “2020AP1078-FT § 102.49(5)(b).7 Teschendorf, 293 Wis. 2d 123, ¶3 .”
Teschendorf v. State Farm Ins. Cos., 2005 WI App 10 (Wis. Ct. App. 2004). “[5] The provisions of § 102.49 essentially require worker's compensation insurance to pay the State the benefits it would otherwise "save" when a worker dies and, therefore, cannot personally receive *358 the benefits.”
— Wis. Stat. § 102.49(5)(c) — 2 cases
Teschendorf v. State Farm Ins. Companies, 2006 WI 89 (Wis. 2006). “Because he was unmarried and had no dependents, his worker's compensation death benefit was paid to the Fund as required by Wis. Stat. § 102.49 (5)(b) instead of Scott's estate.”
Soc'y Ins. v. Labor & Indus. Review Comm'n, 2010 WI 68 (Wis. 2010). “35 (1); (2) "[i]n each case of injury resulting in death" $20,000 must be paid, Wis. Stat. § 102.49 (5)(a); (3) "in each case of injury resulting in death leaving no person dependent for support," the amount of the entire death benefit must be paid, § 102.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.