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California Death Benefits for Workers' Comp
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Have You Recently Lost a Loved One Due to a Work-Related Injury or Illness?
Goldberg & Loren are here to help you understand and navigate the complex process of receiving death benefits for workers’ compensation in California. With our expertise and knowledge, we can ensure that you receive the compensation you deserve during this difficult time.
We understand the emotional and financial burden that comes with the loss of a loved one, and we want to ease your worries by securing the maximum death benefits available to you. Trust in Goldberg & Loren to fight for your rights and provide you with the support you need.
Contact Goldberg & Loren today to schedule a free consultation.
Are Death Benefits Included in California's Workers' Compensation?
Death benefits are included in California’s workers’ compensation system. These benefits are intended to provide financial support to the surviving family members who have lost a loved one and may include compensation for funeral expenses and ongoing financial support.
The amount of death benefits that can be received depends on various factors, such as the number of dependents and the worker’s average weekly wage.
Death benefits in California’s workers’ compensation system typically include:
- Burial Expenses: The employer or their insurance carrier is responsible for paying reasonable burial expenses up to a certain limit set by law.
- Financial Support: Dependents of the deceased worker may be entitled to receive ongoing financial support through death benefits. The amount of financial support is generally a percentage of the worker’s average weekly wage, subject to certain maximum and minimum limits set by law.
- Vocational Rehabilitation: These services aim to help the dependent gain new skills or find suitable employment to replace the lost income.
What is the Timeline for Applying for Death Benefits in California?
In California, the application for workers’ compensation death benefits must be filed within one year from the date of death or within one year from the date the dependents knew or should have known that the death was work-related. [1]
Who is Eligible to Apply for Death Benefits in California?
- Spouse or registered domestic partner: The deceased worker's spouse or registered domestic partner is usually the primary recipient of death benefits.
- Dependent children: 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: Adult children who were partially dependent on the deceased worker for support may also be eligible for death benefits.
- 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.
Table of Contents
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Are Death Benefits Included in California's Workers' Compensation?
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What is the Timeline for Applying for Death Benefits in California?
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Who is Eligible to Apply for Death Benefits in California?
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What is the Maximum Amount of Death Benefits in California?
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How Can a Workers' Compensation Lawyer Provide Assistance?
Related Information
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Workers Compensation
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Backdated Benefits
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Death Benefits
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Work Comp Fraud
What is the Maximum Amount of Death Benefits in California?
As of 2021, the maximum death benefit amount in California is set at $1,340.67 per week. This maximum benefit is subject to annual adjustments based on changes in the state’s average weekly wage.
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.
How Can a Workers' Compensation Lawyer Provide Assistance?
From gathering the necessary documentation to filing the claim and representing you in court if necessary, our skilled workers’ compensation lawyers at Goldberg & Loren will handle all the legal aspects of your case.
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. Our lawyers, who are compassionate, will not only deal with the legal complexities but also offer guidance and support during this challenging period.
We will explain your rights, answer any questions you may have, and offer a shoulder to lean on when you need it most.
Contact Goldberg & Loren today to discuss your case and start the process of filing for California death benefits for worker’s comp.
Source
[1] Workers’ Compensation – Injured worker information, D. O., & California, S. O. (n.d.). DWC workers’ compensation benefits. DWC Workers’ Compensation Benefits. https://www.dir.ca.gov/dwc/workerscompensationbenefits.htm
If you need help with death benefits for workers' compensation in California, our team of skilled lawyers is ready to provide expert legal guidance. Contact us now to get the answers you're looking for.
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