In California, when a worker dies due to a job-related injury or illness, their dependents may be eligible for death benefits through the workers’ compensation system. These benefits are designed to provide financial support to family members who relied on the deceased worker’s income.
Eligibility for Death Benefits
Death benefits are available to certain dependents, including:
- Spouse
- Children and stepchildren (under 18 or disabled)
- Parents
- Siblings
- Grandchildren
- Other family members who can prove financial dependence
Minor children and most spouses are automatically considered total dependents, while other family members must demonstrate financial dependence on the deceased worker.
Death Benefit Amounts
The amount of death benefits depends on the number of total dependents:
- One total dependent: $250,000
- Two total dependents: $290,000
- Three or more total dependents: $320,000
These benefits are usually paid in installments, with a minimum weekly payment of $224. Additionally, burial expenses up to $10,000 are covered for injuries occurring after 2013.
Filing Deadlines
Dependents must file a claim for death benefits within:
- One year of the worker’s death
- No later than 240 weeks from the date of injury
Filing within these deadlines is crucial to ensure eligibility for benefits.
Challenges in Claiming Death Benefits
Claiming death benefits can be complex due to:
- Proving dependency status for non-immediate family members
- Determining the date of injury in cumulative trauma cases
- Addressing disputes over the industrial causation of death
Recent cases have clarified that for cumulative trauma injuries, the date of injury for death benefit claims is based on when the dependent became aware of the industrial nature of the condition leading to death.
McMonagle Steinberg, Workers Compensation Specialists
Navigating the complexities of industrial death claims can be challenging. For over 30 years, Brian McMonagle, a certified specialist in workers’ compensation, has dedicated his practice exclusively to representing injured workers before the California Workers’ Compensation Appeals Board. If you need expert guidance and representation in your workers’ compensation case, contact McMonagle Steinberg at 916-568-1160. With a strong commitment to social justice and a track record of successful outcomes, Brian McMonagle and his team are ready to fight for the benefits you deserve.