Understanding Workers' Compensation Death Benefits
When the unimaginable happens, and an injured worker's injuries result in death or a worker dies due to a work accident, those that were financially dependent on the worker at the time of the injury may be entitled to recover California workers' compensation death benefits. Assuming there is no dispute the death is work related, there are a number of considerations in determining the value of the workers' compensation death benefits.
First, we must identify those that might be entitled to receive these benefits. The law allows for recovery for total or partial financial dependents of the decedent. A spouse who earned $30,000 or less in the year preceding the death, or minor children (under age 18) or a child of any age physically or mentally incapacitated from earning and living in the house at the time of death are considered total financial dependents. All other dependents have to produce evidence of financial dependency on the decedent to establish their right to benefits.
Second, depending on the number of total or partial dependents, the death benefit can range between $250,000 and $320,000. The law dictates that these payments are paid biweekly at the decedent's temporary disability rate (2/3 of the average weekly wage up to a state maximum amount based on the date of injury) until the total benefit is paid. However, in some cases, the parties may agree to enter into a lump sum settlement, called a Compromise and Release, and the decedent(s) receive all of the agreed upon sum at one time. In addition, a sum of up to $10,000 can be reimbursed for burial expenses.
Third, there are exceptions in the law that allow for payments beyond the legal death benefit amount (listed above), to minor children until the youngest child attains age 18, or lifetime payments for a child who is physically or mentally incapacitated from earning.
In some cases, the cause of death is in dispute. In those cases, medical and other evidence must be obtained to prove the entitlement to workers' compensation death benefits for the dependents. However, there is a very low threshold to prove a death is work related. The law allows for all the allowable death benefits to be paid if only 1% of the death was caused by work.
Except in the most obvious cases, death benefit cases are often litigated and require competent legal counsel to insure a successful outcome. The attorneys at GEKLAW have been representing and fighting for workers' compensation death benefits for dependents for over thirty years. If you believe these benefits are owed, please feel free to inquire at 213-739-7000 or info@geklaw.com.