Workers’ compensation death benefits are payments to a spouse, children, or other dependents if an employee dies from a work-related injury or illness. There are special benefits available to those who depended on their loved one for financial support before their fatal accident. The benefits a dependent can receive will largely be determined by the relationship they have with the decedent and the amount of financial support they provided before their untimely death.
Factors that Decide Workers’ Compensation Death Benefits
The amount of death benefits a person or family is entitled to depend on the number of total and/or partial dependents affected by the loss of a loved one. In the case of one or more completely dependent minors, death benefits continue until the youngest minor reaches the age of 18. If a minor is disabled, then they will receive benefits for life. Another factor is the deceased worker’s gross wages before taxes. The basic death benefit will equal 66.7% of the deceased employee’s average weekly earnings. This benefit will be paid out weekly or in a lump sum based on the surviving dependents’ preference.
How Much Are Workers’ Compensation Death Benefits in California?
Workers’ compensation death benefits in California typically include a maximum of $10,000 for burial expenses and a maximum of $320,000 for the total dependents of the deceased. However, the total amount will be mostly determined by the number of people claiming they were dependent upon the decedent.
For one total dependent, the maximum amount of benefits they can receive is $250,000. A total dependent is considered someone who relies on the deceased for all their support. However, “total dependent” does not mean that the dependent is unable to work. A small, inconsequential amount of income does not eliminate them from declaring total dependency. Two total dependents can receive up to $290,000 and three or more total dependents can receive a maximum of $320,000 to be divided up equally.
One partial dependent can receive the maximum amount of $25,000, but only if there is no more than one total dependent. If there are two total dependents, then there can be no partial dependents considered in the claim. Partial dependents can be a family member of the decedent who received some financial support but also has other sources of income to support themselves.
How to File Workers’ Compensation Death Benefits in California
Only certain people are eligible to file for workers’ compensation death benefits. Under California Code of Civil Procedure 377.60 the individuals who may file a wrongful death lawsuit can also file for workers’ compensation death benefits if the death occurred while their loved one was working. Eligible individuals include:
- The deceased person’s spouse or domestic partner
- Children of the deceased, including stepchildren
- Parents of the deceased
- Dependent minors living in the deceased person’s household
- The deceased’s personal representative
- People who would be entitled to the property of the decedent if they did not create a will
To file for workers’ compensation death benefits, you must fill out this application with the State of California Department of Industrial Relations. This workers’ compensation claim should be filed with the California Workers’ Compensation Appeals Board in your area within one year of the day the death occurred, or no more than 240 weeks after the injury occurred. If an employer must pay certain types of compensation related to its misconduct, the filing deadline is one year after the last payment date of compensation according to California Labor Code 5406.
Contact a Workers’ Compensation Death Benefits Lawyer in California
At Maison Law, we work with families and dependents of those who have lost a loved one due to an unfortunate, work-related accident. If you’ve lost a loved one due to an accident or illness related to their job, the workers’ compensation attorneys at Maison Law can provide you with experienced legal representation to help you navigate through this difficult time in your life. Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our legal services and you will not be charged a cent until we’ve won your case.
