How a Family Can Benefit From Workers’ Compensation After The Loss of a Loved One

Losing a family member due to a work-related injury or illness can be devastating. Especially, if you were financially dependent on the deceased person, you might be worried about your financial security and wellbeing.

Under California law, dependents of a worker who die as a result of a work-related injury or illness are entitled to receive workers’ compensation death benefits, which are meant to cover the loss of financial support caused by the worker’s death. 

Who is Eligible to Receive Death Benefits in California?

Under California law, family members and relatives – who were partially or totally dependent on the deceased worker – are eligible to receive workers’ compensation death benefits. These include:

• Spouse
• Children (biological as well as adopted)
• Grandchildren
• Parents
•  Siblings
• Grandparents
• Uncles and aunts
• Nephews and nieces
•  In-laws

The following people are considered total dependents under the law and are not required to show any proof of their dependency on the deceased worker.

• The deceased worker’s spouse (if they made $30,000 or less in the year prior to the worker’s death)
• Children under the age of 18
• Children over the age of 18, but are incapable of earning a living due to a physical or mental disability

If the spouse earned more than $30,000 in the year prior to the worker’s death, they have to prove that they were totally or partially dependent on the worker in order to be able to file a California workers’ compensation death benefit claim.

Similarly, other family members and relatives (apart from the ones listed above) are required to prove dependency in order to be able to file a claim and receive compensation.

How Much Can Dependents Receive by Filing a Workers’ Compensation Death Benefit Claim?

The amount of compensation paid in these claims usually depends on the number of dependents and whether they were partially or totally dependent on the deceased worker.

As of today, the compensation offered for dependents of deceased workers includes:

• $10,000 for burial expenses
• $250,000 (if there is only one total dependent)
• $290,000 (if there are two total dependents)
• $320,000 (if there are three or more total dependents)

If there is only one total dependent and one or more partial dependents, the workers’ compensation death benefit is paid in the following manner:

• $250,000 for the total dependent
• Four times the annual earnings of the worker (as long as the amount does not exceed $290,000) for the partial dependents

If there are no total dependents and one or more partial dependents, a sum of money equivalent to eight times the annual earnings of the deceased worker (as long as it does not exceed $250,000) will be paid as compensation.

Looking to File a Workers’ Compensation Death Benefit Claim? We Can Help You!

Attorney Thomas F. Martin has over 25 years of experience in handling work injury and death benefit claims. If you have lost a loved one due to a work-related illness or injury, attorney Thomas F. Martin can help you file a death benefit claim and make sure you receive the compensation you deserve.

To explore your best legal options, you should consult with dedicated California workers’ compensation death benefit claim attorney Thomas F. Martin. Speak to us at 714-547-5025 or simply reach us online to request a free case review.