Pennsylvania Employer Requirements for the Payment of Wages to Survivors of a Deceased Employee
Payment of Wages
- Under Pennsylvania law, Pa. C.S. Section 3101(a), if an employee dies while working, his employer may pay to his survivors any wages or other benefits that are due. Eligible survivors include the deceased's spouse, child, parents, or siblings.
- The employer may make such a limited payment to an employee's survivors whether or not the deceased employee had appointed a personal representative. Once the employer makes a payment to survivors, Pennsylvania law releases her from further liability. If anyone claims that the distribution was improperly made, the person receiving the payment is answerable.
- In the case of a surviving spouse, Pennsylvania does not consider an "Affidavit of Surviving Spouse" issued by another state to be sufficient to claim the deceased's wages.
Wages More than $5,000
- If wages due are less than $5,000, the survivors must file the necessary Pennsylvania state forms. If the wages due are more than $5,000, a survivor has to file a petition with the Pennsylvania courts to get paid.