Death Benefits

California Workers' Compensation Death Benefits

Compassionate & Efficient Legal Representation in the Los Angeles Area

Are you the surviving family member of someone who lost their life in a work-related accident? Losing someone you love in a fatal work accident is a tragedy that can change your life forever. Fortunately, you don’t have to deal with the aftermath of such an event alone.

If you are considering filing a workers’ comp death claim, the Law Office of Ronald Ehrman can help. We are an experienced workers’ compensation law firm based in the Los Angeles area and available 24/7. Our California workers' compensation death benefits lawyer works around the clock to get accident victims and their families the just compensation they deserve if they have suffered losses due to the negligence of someone else.

Call our Lawyers for Death Benefits

We understand that this is a trying time for you and want to help. Let us handle your workers’ compensation claim so that you can spend this time taking care of yourself and your loved ones.

To learn more about how we can assist with your workers’ comp death benefits claim, contact us for a free consultation. Se Habla Español.

Does Workers’ Compensation Cover Death Benefits?

Death benefits are available as a part of the California workers’ compensation system. These benefits were created to help compensate the survivors of a deceased employee for the loss of the decedent’s financial support.

Who is Entitled to Death Benefits?

In order to claim benefits, you must be a surviving family member and/or a dependent of the deceased. Relatives who may qualify for death benefits include:

  • Children (biological, step, and adopted)
  • Spouses
  • Parents (including in-laws)
  • Siblings (including in-laws)
  • Grandparents
  • Grandchildren
  • Aunts and uncles
  • Nieces and nephews

However, not all of the above relatives will necessarily qualify. In order to claim benefits, you must be able to show that you were financially dependent on the decedent. For example, if a California construction worker was taking care of an elderly parent before the former’s untimely death, their mother or father can claim death benefits.

If, however, the deceased employee’s parents were financially independent of the decedent when they passed, the parents cannot claim death benefits.

Family members who are automatically considered to be dependents of the employee include:

  • Children 18 years of age and younger
  • Adult children who are physically or mentally incapable of supporting themselves
  • Spouses who earned $30,000 or less in the year before the employee's death

Surviving family members who do not automatically qualify as per the above must show proof that they were reliant on the decedent before they can claim benefits.

What Kind of Death Benefits Are Offered Through Workers' Compensation in California?

A common question we get is "How much are death benefits?" Compensation for a death at work is typically delivered in weekly installments to the family members who qualify. The total amount of death benefits awarded depends on how many eligible dependents there are. In the event that there are multiple dependents eligible for benefits, the amount will be equally split between them.

How Much Can You Claim for Death at Work?

The dollar amount of the death benefits awarded in California are as follows:

  • $250,000 for one dependent
  • $290,000 for two dependents
  • $320,000 for three or more dependents

In addition to death benefits, workers’ comp insurance will also pay for funeral and burial expenses. However, there is a $10,000 cap for those whose deaths occurred on or after January 1, 2013.

When Should I File a Claim for Death Benefits?

Surviving dependents must file a workers’ comp claim for death benefits within one year after the employee died due to a work-related injury or illness. You can read more about death benefits in California, as well as learn how to apply, on the State of California’s Department of Industrial Relations website here. A lawyer can also assist with the process.

Consult with a California Death Benefits Attorney Today

If you think you may qualify for workers' compensation death benefits California, contact a lawyer as soon as possible. Though receiving legal counsel might be the last thing on your mind after losing a loved one, an experienced death benefits attorney can provide invaluable advice that will help make the process of filing for and receiving benefits go much more smoothly than it would on your own.

A California workers' compensation death benefits lawyer can also take care of the claims process on your behalf, so you don’t have to deal with the burden of paperwork and other legal procedures during this tough time.

If you have lost a loved one due to a fatal work accident in California, we are here to help. Call the Law Office of Ronald Ehrman at (213) 455-5808 to learn more about workers comp death benefits in California or reach out to us online to schedule your free case evaluation.

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