(562) 698-6446
(562) 698-6446
At Hanning & Sacchetto, LLP, our Whittier workers’ compensation attorneys understand when a fatal workplace accident occurs in California, the aftermath can be overwhelming for the family left behind. Unfortunately, it happens more often than most imagine.
According to the U.S. Bureau of Labor Statistics, last year, there were 504 fatal occupational injuries in California, marking an increase from the previous year. These deaths occurred across various industries, with transportation incidents and exposure to harmful substances being the leading causes of fatalities.
Understanding the workers’ compensation process and the benefits available can help provide some financial relief during this difficult time.
What Are California Workers’ Compensation Death Benefits for Families Who Have Lost Their Loved Ones in Workplace Accidents?
When a loved one tragically loses their life in a workplace accident in California, the family may be eligible to pursue workers’ compensation death benefits. California workers’ compensation death benefits are financial payments provided to the dependents of a worker who has died as a result of a workplace accident or job-related illness.
These benefits are intended to help families cope with the financial impact of losing a loved one who was a primary or significant source of income.
The critical components of these benefits include:
- Funeral and Burial Expenses: California workers’ compensation provides up to $10,000 to cover funeral and burial costs for the deceased worker.
- Death Benefits: These are payments made to the deceased worker’s dependents, and the amount of death benefits depends on the number of total and partial dependents:
- For one total dependent: $250,000
- For two total dependents: $290,000
- For three or more total dependents: $320,000
If there are no total dependents but there are partial dependents, a smaller amount may be available, calculated based on the extent of dependency.
- Payment Structure: The death benefits are typically paid out in installments, similar to how temporary disability benefits are distributed. These payments continue until the total benefit amount has been disbursed.
- Eligibility: Eligible dependents can include spouses, children, and sometimes other family members who are financially dependent on the deceased worker. The level of dependency (total or partial) determines the specific benefits they may receive.
- Dependency Determination: Dependency is assessed based on the circumstances at the time of the worker’s death. Total dependents rely entirely on the worker for financial support, while partial dependents rely on the worker for only part of their financial needs.
These benefits are crucial in providing financial support to families as they navigate the loss of a loved one due to a workplace accident, helping to alleviate some of the financial burdens associated with the death.
Given the emotional and legal complexities, many families choose to work with an experienced workers’ compensation attorney who can guide them through the process, ensure that all paperwork is correctly filed, and advocate for their right to receive the full benefits they are entitled to under California law. We can help.
Contact Our Whittier Personal Injury Attorney Today
If you have lost a loved one in a California workplace accident and face obstacles to obtaining the workers’ compensation death benefits you are entitled to, call (562) 698-6446 to schedule a free consultation with our experienced workers’ compensation attorneys in Whittier today.
