California Workers' Comp Death Benefits

Nobody wants to think about a loved one dying as a result of a work-related injury or illness. Unfortunately, thousands of fatal workplace accidents do occur every year in the United States. If you or your family depended on the deceased’s income for financial stability, the additional financial stress can be unbearable.

Fortunately, you may be able to collect what are known as “death benefits” under the California workers’ compensation system. These benefits are designed to compensate survivors for the loss of income caused by their family member's death, as well as burial expenses.

Who is Eligible for Death Benefits?

You may be eligible for death benefits if you were totally or partially dependent on the deceased employee for your financial support at the time of the injury, and you were either a member of the employee’s household or were the employee’s close relative. Qualifying relatives include:

• Children (including step and adopted children)

• Spouses

• Grandchildren

• Parents and siblings (including in-laws)

• Grandparents

• Aunts and uncles

• Nieces and nephews

Certain family members are automatically considered total dependents of the employee:

• Children under the age of 18.

• Adult children who are unable to earn a living because they're physically or mentally incapacitated.

• A surviving spouse who earned $30,000 or less in the 12 months before the employee's death.

Other family or household members (including spouses who earned more than $30,000) will have to provide evidence that they were totally or partially dependent on the deceased employee. 

How Much Are Death Benefits?

California workers’ compensation death benefits include:

• up to $10,000 for burial expenses; and

• $250,000 for one total dependent

• $290,000 for two total dependents, or

• $320,000 for three or more total dependents.

Death benefits are typically paid in installments, in the same manner and weekly amount as temporary total disability benefits.

Even after the maximum death benefit amount has been reached, installment payments will continue for totally dependent children of the deceased employee until the youngest child turns 18 or an incapacitated child dies.

What About A Wrongful Death Claim?

In most cases, a workers’ compensation death claim is the correct avenue to pursue. However, if you can prove your loved one died as a result of someone else’s negligence, and your family suffered harm as a result, you may choose to pursue a wrongful death claim. 

One of the biggest advantages of a wrongful death claim is that the deceased’s family members can recover greater compensation. However, many families refrain from suing their loved one’s employer because wrongful death cases take a long time to settle and litigate, and can be quite costly.

Seeking advice from a workers’ compensation or wrongful death attorney is the best way to know which route to pursue.

How to File For Death Benefits in California

Surviving dependents must file a claim for death benefits within a year from the date the worker died and no more than 240 weeks from the date of the injury itself. A person dependent on the deceased worker will need to file a workers’ compensation claim and comply with an investigation of the claim in order to receive death benefits. 

If you have lost a loved one in a work-related death, our workers’ compensation lawyers are here to help you collect the benefits you and your family desperately need.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.