California Workers’ Compensation Death Benefits
30+ Years of Protecting Worker Rights
Few experiences are more devastating than losing someone you love suddenly in an accident. During this time, your family deserves to have space to grieve properly. However, some families find themselves facing financial challenges immediately after their loved one’s death, especially if they were dependent on the deceased individual. If your loved one died in a work-related accident, you may be eligible to seek financial compensation so you can provide for your family’s future. The Law Office of Mann and Mann is committed to helping families move on by protecting their rights and holding negligent employers responsible. Our San Bernardino attorney is well-versed on California workers’ compensation laws and can secure the death benefits you’re entitled to after your family member has passed from a work-related injury or illness. With more than three decades of legal experience handling workers’ compensation claims, we can be trusted to handle your case with professionalism and compassion.
Contact our team online or by phone at (909) 639-3339 to schedule a free consultation today. We can help you secure the results your family needs to heal and move on.
Who is Eligible to Receive Death Benefits?
Under California’s workers’ compensation system, individuals may be able to collect what are known as “death benefits,” or compensation for death at work, to help them after losing financial support from their deceased loved one if they’ve been killed in a work-related accident. Additionally, employers are also required to pay a certain amount for their burial expenses.
Individuals who were totally or even partially dependent on the deceased worker for financial support at the time of the accident can be eligible to seek death benefits, as well as close relatives of the worker.
Some qualifying relatives include:
- Children, including adopted children and stepchildren
- Spouses
- Grandchildren
- Parents
- Siblings
- Grandparents
- Aunts and uncles
- Nieces and nephews
Children under 18, adult children who can’t earn a living due to being mentally or physically incapacitated, and surviving spouses who earned $30,000 or less in the year before the worker’s death are all automatically considered total dependents of the worker. Other relatives or dependents will have to gather evidence to support their claim and prove that they were dependent on the worker prior to their death.
How Much Can I Receive in Benefits?
The amount of death benefits that family members can collect depends on how many dependents are eligible. One total dependent can receive $250,000, two total dependents can receive $290,000, and three or more can collect $320,000. These benefits are usually paid in installments until the maximum amount has been reached.
Those who are partially dependent can only recover benefits if there are no total dependents or there is just one total dependent. This is set in place because California law sees total dependents are more financially vulnerable than partial dependents.
How a Lawyer Can Help
It’s important to know that states can change their laws at any time, which can potentially affect your claim and how much you’re able to collect in benefits. This is why hiring a workers’ compensation attorney is beneficial – a lawyer who focuses on these cases for a living can remain up-to-date on state law changes and can inform you on how certain laws will impact your claim and your family.
Additionally, individuals have a limited amount of time to successfully file for death benefits. Surviving dependents have one year from the date of death to file a claim, and no more than 240 weeks after the injury or accident itself. A lawyer who has the resources and experience to handle workers’ comp claims can file the paperwork, investigate the accident, and collect the evidence needed swiftly so your family isn’t in danger of missing your opportunity to secure compensation.
Our attorney has decades of experience helping families after they lost loves ones in workplace accidents. We can work to get you the benefits you need on behalf of your deceased family member, including burial expenses, by filing a workers’ comp death claim.
For answers to all your workers’ compensation questions, call our San Bernardino attorney at (909) 639-3339. We can help you pursue California workers’ compensation death benefits after the loss of a loved one.