If a loved one passes away while doing work-related responsibilities, their remaining beneficiaries may be entitled for death benefits. The amount of these benefits will vary depending on a number of circumstances, so it’s always a good idea to consult with an attorney to ensure you obtain the compensation you deserve.
You can do so by calling DLC Law at (626) 285-8815 for a free legal consultation with a State Bar of California Board Certified Workers’ Compensation Specialist to learn about your legal options.
What to expect from death benefits in California
If an employee dies as a consequence of a work-related accident or illness in the state of California, death benefits are provided to the employee’s spouse, children, or other dependents. This covers reasonable funeral costs, which are capped at $10,000.
What is the value of death benefits?
The amount a family receives is determined by the total number of dependents and whether they were financially reliant on the dead fully or partially. A single whole dependent may get up to $250,000, while a single partial dependent could receive up to eight times the yearly assistance they were receiving, up to a maximum of $250,000.
Payments may be made to children or dependents until the youngest kid reaches the age of 18. Dependents or children who are disabled, physically or mentally incapable, may also be eligible for indefinite compensation. To talk with an attorney, call DLC Law at (626) 285-8815.
How much time do I have to file a claim for death benefits?
You will not be entitled to death benefits until you apply for them. You will have one year (12 months) from the date of death to start the death benefit proceedings. Your workers’ compensation lawyer can assist you in determining the best course of action.
Death benefits are not available to everyone
Being the deceased’s child, spouse, or family is not enough to qualify for death benefits. Dependency must be demonstrated. These are some of the individuals that are usually eligible for death payments.
- Child of the victim
- The deceased’s spouse
- Financially dependent grandchild of the deceased
- Dependents of the victim’s parents, siblings, grandparents, aunts, uncles, nieces, nephews, and in-laws
Even if a person fits into one of the aforementioned categories, they may be ineligible for assistance. These connections qualify without the requirement for further proof of financial reliance:
- Children under the age of eighteen
- Adult children who are physically or psychologically unable to work and so unable to support themselves
- Surviving spouses who made less than $30,000 the year before their spouse died
Other potentially eligible family members, such as spouses with salaries above $30,000, will have to demonstrate that they were fully or largely reliant on the victim. An old stepmother, for example, lived with their stepdaughter and relied on them for financial support. For death benefits, they might quality.
To learn more about your choices, contact a workers’ compensation attorney
If you have lost a loved one and feel you may be entitled to death benefits, please call DLC Law at (626) 285-8815 to schedule a consultation with a knowledgeable attorney.