When Life Changes, Your Benefits Might Too
Losing a spouse, going through a divorce, or watching your kids become adults can be emotionally overwhelming. But for injured workers in Washington State receiving time-loss benefits through the Department of Labor & Industries (L&I), these family milestones can also trigger financial changes.
“What happens to my workers’ comp benefits now?” is a common and important question, because your time-loss compensation is based, in part, on your marital status and number of dependents.
If you’re wondering what happens when a spouse dies, a child turns 18, you remarry, or your family grows during a claim, this guide is for you.
Why Your Family Status Affects Your Time-Loss Payments
Time-loss benefits replace a portion of your wages while you recover from a work-related injury or illness. In Washington State, the amount you receive is based on a tiered formula, generally ranging from 60% to 70% of your pre-injury wages — depending on your family size at the time of injury.
Here’s how it works under RCW 51.32.060(1):
- Base rate for single workers: 60%
- Add 5% if you had a spouse at the time of injury
- Add 2% for each dependent child (up to 5 children)
That means the maximum benefit rate is 70% — available to workers with a spouse and five or more dependent children.
📌 Example: A married worker with three dependent children at the time of injury would receive 69% of their gross wages (60% base + 5% for spouse + 4% for children).
These percentages are confirmed in WAC 296-14-06001 and L&I’s published time-loss compensation guidelines.
What Happens When a Spouse Dies — or You Get Divorced?
Whether due to the loss of a spouse or a divorce, a change in marital status must be reported to L&I — and it will affect your compensation rate.
Once reported:
- Your status changes from “married” to “single”
- Your benefit rate will drop by 5%
- Future payments are recalculated accordingly
If you’re wondering does L&I lower payments after losing a spouse or what happens to time-loss benefits after divorce, the answer is: yes, your payments typically decrease. And if the change isn’t reported, you risk being overpaid — money L&I will try to recover under RCW 51.32.240, potentially with interest or penalties.
What If I Get Married After My Injury?
Here’s a common misconception: many people assume that getting married after they file an L&I claim will increase their benefits.
In reality, you don’t get a bump in benefits if you marry after your injury.
That’s because time-loss rates are locked in based on your status at the time of the injury. Washington law does not allow for increases due to changes in marital status after the claim begins.
So, even if you marry during your recovery:
- You do not receive the extra 5% for having a spouse
- Your benefit amount remains unchanged
This is designed to keep benefit calculations consistent and fair across claims.
What About Children Born After the Claim?
The same rule applies to children. Children born after your injury typically don’t count as dependents for time-loss purposes.
Under L&I guidelines:
- Only children who were legal dependents at the time of injury are used to determine your benefit rate
- Children born later generally don’t increase your compensation, unless specifically approved by L&I under limited exceptions
If you’re unsure whether a new child qualifies as a dependent — especially in an open or pending claim — it’s a good idea to speak with someone who understands the process.
What If My Children Are No Longer Dependents?
Over time, children grow up — and they may no longer qualify as dependents.
Washington defines a dependent child as someone who is:
- Under 18 years old
- A full-time student under age 23
- Disabled and financially dependent
This definition is found in RCW 51.08.185.
Once a child turns 18 and is no longer in school, they’re no longer considered a dependent. For each child who ages out, your benefit rate decreases by 2%.
📌 Example: If you were receiving 70% for a spouse and five children, and one child is no longer a dependent, you’d drop to 68%.
These changes can significantly affect your monthly income — especially if multiple children age out at the same time.
What If I Don’t Report the Change?
Failing to report a death, divorce, or change in dependent status can lead to:
- Overpayments
- Collections or wage garnishment
- Penalties and interest
- Stressful appeals or audits
L&I routinely reviews claims and cross-references public records. If they discover that your reported family status is outdated, you’ll be expected to repay any excess benefits — and possibly face other consequences.
If you believe a mistake has been made or need to appeal a reduction, you have the right to protest under WAC 296-14-410.
How to Stay Ahead of Time-Loss Changes
To avoid overpayments and ensure you’re receiving the correct amount, here’s what you can do:
✅ Report changes immediately — including divorce, death, or when a child finishes school
✅ Keep documentation — such as marriage certificates, school enrollment records, or court orders
✅ Use the L&I Time-Loss Calculator to estimate your payments
✅ Seek help if you’re unsure how life changes affect your benefits
Let’s Talk About Your Case — Free of Charge
Your family status has a direct impact on your L&I benefits — but it’s not always easy to understand how. If your situation has changed and you’re wondering if you’re receiving the right amount, we can help.
Our experienced team works with injured workers in Seattle and across Washington State to protect their benefits, avoid overpayments, and fight for what they’re owed.
Schedule a free consultation today to get clarity and peace of mind.
