Workers Compensation Death Benefits Overview
California Workers Compensation Death Benefits Overview
If an employee dies in California as a result of an on the job injury certain benefits such as temporary disability, and permanent disability cease to exist. Instead the statutory Workers Compensation Death Benefits become available to certain dependents of the deceased workers.
What Death Benefits are Available to a Deceased Worker?
- Accrued and unpaid compensation due at the time of death
- Burial Expenses
- Statutory Death Benefits
- Public Employees additional CalPERS benefits
What is Required to Claim Workers Compensation Death Benefits
In order to claim the workers’ compensation death benefits the dependents must file a timely claim. They must also must proved that the deceased employee died as a result of an on the job industrial injury. The claimant must also prove that they are a dependent of the deceased worker. Dependents can include the following;
- A good faith member of the employee’s household or family
- A specified relative by marriage, blood or adoption
- Financially dependent upon the deceased employee either partially or totally at the time of injury to employee
When a California employee dies from an on the job injury it can be one of the toughest types of workers’ compensation cases to handle. There are numerous issues to determine who is a rightful dependent. It also happens at a time when a family has lost a loved one and it is an emotional time to deal with financial issues. Family members can suddenly and often without warning be without the income of their deceased family member. Retaining a workers’ compensation lawyer is essential to make sure all benefits owed are paid, and paid promptly.
I offer free workers’ compensation consultations for any potential dependents who need to discuss their situation in detail in a compassionate environment. Consultations are available in my Murrieta or Palm Springs Law Offices.