California Workers’ Compensation Death Benefits-All Employees, Police Officers, Fire Fighters
California workers’ compensation law provides death benefits to individuals who are dependent and/or partially dependent on an individual who suffers a death on the job. A knowledgeable workers’ compensation attorney will be able to assist you in establishing your status to receive death benefits by evaluating whether you qualify as a dependent/partial dependent of an individual who sustains a work-related death. Warren S. Sieder Law Corp. represents all California workers who sustain injury at work which results in death.
Workers’ compensation death benefits may be available where an injured worker sustains a work-related death because of a direct incident at work (e.g., police officer is shot and killed in line of duty). Alternatively, a work-related injury that ultimately results in the death of the injured worker is covered as well. In addition, the California Workers’ Compensation Appeals Board has found that when the aggravation of a preexisting condition hastens an employee’s death, certain individuals may be entitled to death benefits.
California workers’ compensation death claims are subject to specific statutory filing guidelines and it is prudent to consult an attorney immediately upon the death of an injured worker. A knowledgeable workers’ compensation attorney can file a death claim on your behalf without creating a hindrance to the dependent and/or partial dependent as they mourn.
Death benefits provided under California workers’ compensation law vary based on the number of individuals who are deemed to be dependent or partially dependent on the individual who suffers a work-related death. My office obtains all necessary information to ensure that the proper beneficiaries receive the maximum death benefits available pursuant to California workers’ compensation law. We always seek reimbursement for burial costs subject to the statutory limit.
In the case of one or more totally dependent minors, after payment of amounts specified below, death benefits will continue until youngest minor’s 18th birthday or 19th birthday if dependent of police officer, sheriff or firefighter and attempting high school (disabled minors receive benefits for life). Death benefits are paid at the total temporary disability rate, but not less than $224.00 per week. The period within which to commence proceedings for the collection of death benefits is one year from death or one year from date of last furnishing of any benefits (payments or medical treatment) or one year from death where death occurs more than one year from injury date. No such proceedings may be commenced more than 240 weeks from the injury date.
|Dates||Burial expenses||1 total dependents||2 or more total dependents||3 or more total dependents||1 total plus 1 or more partial dependents||1 or more partial dependents|
|For injuries on or after Jan. 1, 2013||$10,000||$250,000||$290,000||$320,000||$250,000 plus four times annual support for partial dependents not to exceed $290,000||Eight times annual support not to exceed $250,000|
|For injuries prior to Jan. 1, 2013||$5,000||$250,000||$290,000||$320,000||$250,000 plus four times annual support for partial dependents not to exceed $290,000||Eight times annual support not to exceed $250,000|