Collecting Workers Compensation Death Benefits in California

If you have lost a family member to a work-related injury or illness, our hearts go out to you. We understand that in addition to grieving, you must now readjust financially and figure out how to make ends meet, without the help of your loved one.

Our experienced Workers Compensation attorneys have represented thousands of families like yours in California, helping them obtain the survivors benefits to which they are entitled.

If you, your children or other surviving dependents relied upon your deceased loved one for financial support, you may be eligible to receive these Workers Compensation benefits – which are also called “death benefits”. This article explains generally who is eligible. But we also encourage you to call our office, so we can help you understand the specific benefits that may apply in your situation.

Who is Eligible for Dependent Survivors Workers Compensation Death Benefits?

Both a deceased worker’s total dependents and partial dependents are eligible to receive workers compensation death benefits. A total dependent is an individuals who completely relied on the worker for financial support, while a partial dependent only partly relied on them for financial support.

In California (as of 2024), the following members of a deceased worker’s family are automatically considered total dependents for workers’ compensation death benefits:

• Spouse: A legally married spouse of the deceased worker is automatically considered a total dependent. This applies regardless of whether the spouse was employed or financially independent.
• Minor Children: Unmarried children of the deceased worker who are under 18 years old are automatically considered total dependents.

Important Notes:

• Adopted children and stepchildren qualify as minor children under workers’ compensation law as long as they were financially dependent on the deceased worker.
• There’s an exception for children over 18 who are mentally or physically incapacitated and financially dependent on the deceased parent. These children might also be considered total dependents.

Partial Dependents:

If there are no surviving spouses or minor children, other family members who relied financially on the deceased worker might be considered partial dependents. This can include:

• Adult children (over 18 and not disabled)
• Parents
• Grandchildren
• Siblings

However, for partial dependents, the benefit amount is determined based on the degree of financial support they received from the deceased, not a pre-set maximum.

It’s crucial to remember:

• To receive benefits as a total dependent, you don’t need to prove financial dependence on the deceased worker.
• Partial dependents need to establish their reliance on the deceased for financial support.
• There can’t be both total dependents and partial dependents receiving benefits at the same time.

How to Calculate the Amount of Workers Compensation Death Benefits in California

Workers Compensation Death Benefits for Total Dependents

The loss of a loved one due to a work-related injury is a devastating experience. California’s workers’ compensation program provides some financial support to surviving dependents of deceased workers. Here’s an overview of how death benefits are calculated in California as of 2024:

Basic Benefit Calculation:

• Earnings: The primary factor is the deceased worker’s gross wages before taxes.
• Dependents: The number of eligible dependents significantly impacts the total benefit amount.
• Maximum Weekly Benefit Rate: California sets a maximum weekly benefit rate that gets adjusted annually.

The basic death benefit equals two-thirds (66.7%) of the deceased employee’s average weekly earnings. This benefit is then paid weekly or in a lump sum based on the surviving dependents’ preference.

Impact of Dependents:

• One Total Dependent: If there’s only one eligible dependent (spouse or child), they receive a maximum of $250,000.
• Two Total Dependents: In cases with two total dependents, the total benefit amount is capped at $290,000, divided equally between them.
• Three or More Total Dependents: For three or more total dependents, the maximum benefit increases to $320,000, split equally among them.

Partial Dependents:

• If there are no total dependents, but there are one or more partial dependents (individuals who relied financially on the deceased but weren’t fully supported), they might receive benefits.
• The maximum benefit for partial dependents is capped at $250,000, but the actual amount is based on the percentage of financial support they received from the deceased.
• There can’t be both a total dependent and partial dependents receiving benefits at the same time.

Workers Compensation Burial Expense Benefit

In addition to death benefits, the workers’ comp insurance company is also required to pay for reasonable burial expenses that were incurred by the deceased worker’s surviving family.  For injuries occurring before January 1, 2013, the maximum amount of burial benefits was $5,000. But in January 2013, the maximum burial benefit amount was doubled to $10,000.

Additional Workers Compensation Death Benefits Payments for Minors

After the payments described above are made, any children under the age of 18 will continue to receive weekly death benefits. This weekly benefit is split evenly among all of the worker’s minor children, until each turns 18. And when the last child turns 18, the weekly benefit stops altogether.

However, children of any age who are physically or mentally incapacitated and unable to earn a living will be entitled to these additional weekly payments until the child’s recovery or death.

Time Limits for Collecting Social Security Death Benefits in California

When a worker’s death occurs within one year of his or her injury, surviving dependents have one year from the date of death to file a claim for benefits.

When the worker’s death happens more than a year after his or her injury, the time limit is either one year from the date of death, or one year from the last payment of benefits. However, no claims can be made more than 240 weeks from the date of injury.

California Workers Compensation Death Benefit Attorneys

It is important to remember that this is a simplified overview, and there might be additional factors or exceptions depending on your specific circumstances. Additionally, these laws and dollar amounts do change from time to time. That is why it is crucial to consult with an experienced workers’ compensation attorney to determine the exact benefits you might be entitled to after losing a loved one in a work-related accident.

If you have lost a loved one to a work related injury, illness or accident, we care about your well being and our  California Workers Compensation attorneys are here to help you. Call us anytime if you need help collecting tour survivor benefits in a California workers Compensation case.

California Workers Compensation Attorneys | FREE CONSULTATION: 562-622-4800.

California Workers Compensation attorneys serving Los Angeles, Orange County & Southern California, including: Anaheim, Carson, Bellflower, Compton, Downey, Fullerton, Garden Grove, Huntington Beach, La Habra, La Mirada, Lakewood, Lomita, Long Beach, San Pedro, Santa Ana, Torrance, Wilmington, Whittier and Yorba Linda.