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Workers’ Compensation Death Benefits in California

In California, workers’ compensation death benefits are payments made to the dependents of an employee who dies as a result of a work-related injury or illness. These benefits are designed to provide financial support to the survivors who relied on the deceased for their livelihood.

Types of Death Benefits

  1. Burial Expenses: The employer or its insurance company is responsible for covering reasonable burial expenses. For injuries that occurred before January 1, 2013, this amount is capped at $5,000. For injuries occurring on or after January 1, 2013, the burial expense coverage increases to $10,000.
  2. Death Benefit Amounts: The total amount of death benefits varies based on the number of dependents:
  • For one total dependent: $250,000
  • For two total dependents: $290,000
  • For three or more total dependents: $320,000

These amounts are paid at the total temporary disability rate but not less than $224.00 per week.

Two men in hard hats working on a construction site.

Who Qualifies for Workers’ Compensation Death Benefits?

To qualify for these benefits, individuals must demonstrate that they were either totally or partially dependent on the deceased employee for financial support at the time of the injury. Eligible dependents can include:

Children: This includes biological children, stepchildren, and adopted children.

Spouses: A surviving spouse may qualify if they earned $30,000 or less in the 12 months preceding the employee’s death.

Grandchildren

Parents and Siblings: This includes in-laws as well.

Grandparents

Aunts and Uncles

Nieces and Nephews

Non-Family Members: While family members have a clearer path to receiving benefits, non-family members can potentially claim partial death benefits if they can prove they were financially dependent on the deceased worker at the time of death. This situation would require substantial evidence demonstrating that they relied on the deceased for financial support.

Dependents may need to provide evidence of their dependency status. For instance, an elderly parent could be recognized as a total dependent if they lived with the deceased and relied on them for essential living expenses.

The period within which to commence proceedings for collecting death benefits is generally one year from either the date of death (if it occurs within one year of the date of injury) or from when any benefits were last provided. However, no proceedings can be initiated more than 240 weeks from the date of injury.

Common Workplace Activities Leading to Fatalities

Falls: Falls are one of the leading causes of workplace fatalities across various industries. They can occur from ladders, scaffolding in construction sites, or even slips on wet surfaces in warehouses or healthcare facilities.

Vehicle Accidents: Particularly prevalent in transportation sectors but also affecting construction sites where vehicles are used for material transport.

Machinery Accidents: In manufacturing and agricultural settings where heavy machinery is operated without proper safety protocols.

Exposure to Hazardous Materials: Workers may be exposed to toxic substances without adequate protective measures leading to long-term health issues that could culminate in fatal outcomes.

4. Compensable Workers’ Compensation Death Claims

Workers’ compensation death claims arise when an employee dies due to work-related incidents or conditions. The common scenarios include:

  • Fatal accidents occurring during work hours.
  • Long-term health complications resulting from occupational hazards (e.g., respiratory diseases from chemical exposure).
  • Deaths resulting from inadequate safety measures leading up to an incident.
  • Internal medicine conditions, like hypertension or cardiovascular disease, aggravated or accelerated by workplace injuries or treatment for the workplace injury.

In California, workers’ compensation laws allow for dependents of deceased workers to file claims if they can establish that the death was work-related.