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SB 1304

An Act amending the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, in liability and compensation, further providing for computation of benefits.

2025-2026 Regular Session Introduced by Lisa Boscola and 6 co-sponsors

Increases burial expense coverage for workplace deaths from $7,000 to $20,000 and requires direct payment to the funeral undertaker.

Referred to Labor & Industry
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WeVote Research Nonpartisan
Bill Summary · SB 1304

Summary: SB 1304 (2025-2026) – Pennsylvania Workers’ Compensation Act (Death Benefits – Burial Expenses)

Purpose and intent

SB 1304 proposes an amendment to the Pennsylvania Workers’ Compensation Act to modify the burial expense provision that applies in case of an employee death. The bill sets a higher maximum burial expense payable by the employer or insurer and directs payment directly to the funeral undertaker, regardless of other compensation or medical expense payments.

Key provisions and changes

  • Section amended: Section 307(7) of the Workers’ Compensation Act (titled: “In case of death, compensation shall be computed on the following basis, and distributed to the following persons…”).
  • Burial expense cap increases:
    • Current cap: $7,000.
    • Proposed cap: $20,000.
  • Direct payment to undertaker: The burial expense amount (up to the $20,000 cap) must be paid by the employer or insurer directly to the funeral undertaker, without deduction for any amounts previously paid for compensation or medical expenses.
  • Wages threshold preserved: The provision continues to ensure that the deceased’s wages are not deemed less than 50% of the statewide average weekly wage for purposes of this section.
  • Applicability: Applies to compensation in cases of death resulting from injury in the course of employment, consistent with the existing structure of death benefits under the Act.
  • Effective date: The act would take effect 60 days after enactment.

Who/what would be affected

  • Employers and insurers: Responsible for paying burial expenses up to the new cap directly to the funeral undertaker.
  • Deceased employee’s estate/beneficiaries: Potentially receive a larger burial expense benefit (up to $20,000) than under current law.
  • Funeral industry / undertakers: Receives direct payment for burial services from the employer/insurer as mandated by the bill.

Procedural and timeline considerations

  • Status: Introduced May 1, 2026; referred to the Senate Committee on Labor and Industry.
  • Effective date: 60 days after enactment.
  • Docket/Next steps: If advanced, likely to require committee hearings, potential amendments, and passage by both chambers followed by gubernatorial approval.

Practical impact

  • The bill modestly increases the burial expense protection for families of workers who die due to work-related injuries by allowing up to $20,000 for burial expenses, rather than the current $7,000 limit.
  • By directing payment directly to the undertaker, the bill aims to streamline settlement of burial costs and ensure timely compensation for funeral expenses, without offset against other compensation or medical expense payments.

Compiled from official sources — confirm details with the bill’s official record.

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