Are Death Benefits Included in California’s Workers’ Compensation?
One of the most significant ways workers’ compensation supports families in their time of loss is by providing assistance with funeral expenses. Dealing with the loss of a loved one is already overwhelming, and the extra burden of funeral costs can be an additional source of stress.
Recognizing this, the workers’ compensation program has measures in place to address this financial strain. They offer a separate compensation claim specifically for burial expenses, aiming to relieve the financial burden on the family during such a difficult time.
In addition to funeral expenses, death benefits also extend to the support of the deceased worker’s dependents. These dependents can include a surviving spouse, minor children, and even adult children who relied on the deceased worker for support at the time of the accident.
The duration of these death benefits varies based on the circumstances surrounding the case. In some instances, the dependents may receive support for their entire lives.
In other cases, the benefit payments may have a maximum duration. The maximum benefit amount can also differ depending on the unique circumstances of the case, considering the extent of the contributions the deceased person made to their family.
What is the Timeline for Applying for Death Benefits in California?
The first step in the process is to notify the employer about the death of the worker as soon as possible. This notification should be in writing and include details about the accident or illness that led to the worker’s demise. Failure to notify the employer within a specific timeframe may result in a loss of the right to claim death benefits.
Once the employer has been notified, they are required to file a claim with their workers’ compensation insurance carrier. This claim should outline the details of the worker’s death and provide supporting documentation, such as medical records or accident reports. The insurance company will then investigate the claim and determine if the death occurred as a result of a work-related incident.
If the claim is accepted, the dependents of the deceased worker will be entitled to receive death benefits.
There is a statute of limitations for filing a claim for death benefits in California. Generally, the claim must be filed within one year from the date of the worker’s death. [1]
Who is Eligible to Apply for Death Benefits in California?
These compensation death benefits aim to provide financial support to the eligible dependents of a deceased worker during this difficult time.
Spouse or registered domestic partner:
The deceased worker’s spouse or registered domestic partner is usually the primary recipient of death benefits. This includes individuals who were legally married or had a legally recognized domestic partnership at the time of the worker’s death.
Dependent children:
Minor children under the age of 18, as well as disabled children who are unable to support themselves due to a physical or mental disability, may also qualify for death benefits. This includes stepchildren, adopted children, and biological children.
Partially dependent children:
In some cases, adult children who were partially dependent on the deceased worker for support may also be eligible for death benefits. This typically applies to adult children who were financially dependent on the deceased worker due to a disability or other circumstances.
Other dependents:
Other individuals who were dependent on the deceased worker for financial support, such as parents or siblings, may also be eligible for death benefits under certain circumstances. However, proving dependency may be more challenging in these cases.
Factors such as the worker’s salary, the number of dependents, and the level of dependency will be taken into consideration when determining the amount of compensation to be awarded.
What is the Maximum Amount of Death Benefits in California?
The death benefit amount is typically calculated as a percentage of the worker’s weekly wages.
If there is only one dependent, the maximum benefit amount may be lower.
The minimum death benefit amount in California is currently set at $224.00 per week. This minimum benefit ensures that even the lowest wage earners are eligible for some level of compensation.
It is also worth mentioning that death benefits are typically paid out on a regular basis, often on a weekly or bi-weekly schedule. The duration of these benefit payments can vary depending on the specific circumstances of the case.
In some instances, such as when there are minor or disabled dependents, death benefits may continue for the duration of their dependency or until they reach a certain age.
How Can a Workers’ Compensation Lawyer Provide Assistance?
From gathering the necessary documentation to filing the claim and representing you in court if necessary, a skilled workers’ compensation lawyer can handle all the legal aspects of your case.
A workers’ compensation lawyer can help you fully understand the types of benefits you may be entitled to. They can provide invaluable support throughout the entire process.
Dealing with the loss of a loved one can be emotionally draining, making it difficult to maintain focus on the legal aspects of your case. A lawyer who is compassionate will not only deal with the legal complexities but also offer guidance and support during this challenging period.
They will explain your rights, answer any questions you may have, and offer a shoulder to lean on when you need it most.
By enlisting the assistance of our experienced workers’ compensation attorneys at Goldberg & Loren, you can ensure that your rights are protected and receive the maximum benefits for yourself and your family. Don’t wait, call (661) 669-8224 for a free workers’ comp death benefits consultation today.
