Workers’ Compensation Death Benefits
Losing a loved one in a workplace accident or due to a job-related illness is devastating. Families not only experience emotional distress but often face significant financial challenges. California’s workers’ compensation system provides death benefits to help ease the financial burden on surviving dependents. The Southern California workers’ compensation attorneys at Invictus Law, P.C., specialize in helping injured workers and their families in Orange County and the Inland Empire get the benefits they need and deserve after a workplace injury, fatal accident or illness. Contact us today for help receiving the benefits you are entitled to under the law.
Who Is Eligible for Workers’ Comp Death Benefits in California?
Workers’ compensation death benefits are available to certain dependents of an employee who died due to a work-related injury or illness. Eligibility generally falls into two categories:
- Total Dependents – Individuals who were entirely dependent on the deceased worker for financial support. This typically includes minor children, a spouse with little to no income, or disabled adult children.
- Partial Dependents – Individuals who relied on the deceased worker for financial support but were not wholly dependent.
Under California law, minor children are automatically presumed to be total dependents. Other dependents must provide evidence of financial reliance on the deceased worker, which may require documentation such as tax returns, bank statements, or affidavits.
What Do Death Benefits Cover?
California’s workers’ compensation system provides two primary types of death benefits:
- Burial Expenses – The employer or its workers’ compensation insurance carrier must cover reasonable burial expenses up to $10,000.
- Financial Compensation for Dependents – Dependents receive a lump-sum payment based on the number of total and partial dependents. As of 2024, the death benefit amounts are:
- $250,000 for one total dependent
- $290,000 for two total dependents
- $320,000 for three or more total dependents
- If there are no total dependents, partial dependents may receive benefits based on their level of financial dependency.
How Are Death Benefits Paid?
Death benefits are typically paid in installments, similar to disability benefits. These payments are designed to provide ongoing financial support for dependents who lost their primary source of income. In addition to the lump-sum payments mentioned above:
- Minor children may receive weekly payments until they turn 18 (or longer if they are disabled).
- A surviving spouse may receive weekly payments if they were determined to be totally dependent and have not remarried.
The weekly benefit amount is calculated based on the wages of the deceased worker, subject to state limits. Payments are typically made at a rate of two-thirds of the worker’s average weekly earnings before the fatal injury or illness occurred.
How to File a Death Benefits Claim
Filing a workers’ compensation death benefits claim can be complex and time-sensitive. To ensure a successful claim:
- Report the Death Promptly – Notify the employer as soon as possible about the worker’s passing. Employers must then inform their workers’ compensation insurance provider.
- Gather Essential Documentation – This includes the death certificate, proof of financial dependency, employment records, medical records linking the death to a workplace injury or illness, and any other supporting documents.
- Meet Filing Deadlines – California law requires dependents to file for death benefits within one year of the date of death, but no later than 240 weeks from the date of the worker’s injury.
- Complete the Necessary Forms – Dependents must submit a claim for death benefits with the employer’s workers’ compensation insurance carrier. The claim may require additional forms, such as a dependency affidavit or verification of financial reliance.
Challenges in Obtaining Death Benefits
Despite the availability of benefits, families often encounter obstacles when filing for workers’ compensation death benefits. Common issues include:
- Disputed Eligibility – Insurance companies may challenge whether the death was work-related or whether the claimant qualifies as a dependent.
- Insufficient Documentation – Lack of medical evidence linking the injury or illness to the workplace can result in claim denial.
- Delayed Payments – Even when claims are approved, insurance carriers may delay payments, adding financial strain to grieving families.
- Underpaid Benefits – Insurance companies may attempt to minimize payouts, leaving families struggling to cover expenses.
Why Work With an Experienced Workers’ Compensation Attorney?
Given the complexities of the claims process and the likelihood of disputes, working with an experienced workers’ compensation attorney is essential. A skilled lawyer can help establish eligibility for benefits, gather and present necessary evidence, negotiate with insurers for full compensation, appeal denied claims, and expedite the claims process to ensure dependents receive benefits as quickly as possible.
At Invictus Law, P.C., we are dedicated to protecting the rights of injured workers and their families. If you have lost a loved one due to a work-related injury or illness, you do not have to navigate the legal process alone. Our experienced attorneys will fight to ensure you receive the full benefits you deserve during this difficult time.
Contact our offices in Orange or Ontario by calling 949-287-5711 or 888-9WORKLAW today for a free consultation. We will assess your case, guide you through the claims process, and advocate for your family’s financial security. Let us help you secure the support you need as you move forward after a tragic loss.
