How California Workers Compensation Death Benefits Are Determined

At the Law Office of Jim T. Rademacher, we are dedicated to representing injured workers and their dependents. When a workplace accident results in a tragic loss of life, the surviving family members must understand their rights under California’s workers compensation system. Death benefits are designed to provide financial support to dependents of employees who have died due to work-related injuries or illnesses. Let’s talk about how these death benefits are determined in California.

Who Is Eligible for Death Benefits?

In California, death benefits are available to individuals who were financially dependent on the deceased worker. This includes:

• Total Dependents: Individuals who were wholly reliant on the worker’s income, such as spouses, children, or other family members living in the household.
• Partial Dependents: Individuals who relied on the worker’s income for a portion of their financial needs.

Eligibility extends beyond immediate family members; grandparents, siblings, and other relatives may qualify if they can demonstrate financial dependence on the deceased worker.

How Are Death Benefits Calculated?

The total amount of death benefits depends on the number of dependents at the time of the worker’s death:

• One Total Dependent: $250,000
• Two Total Dependents: $290,000
• Three or More Total Dependents: $320,000

These benefits are paid at the same rate as the deceased employee’s total temporary disability rate, but not less than $224 per week.

In cases involving minor children who are total dependents, after the specified amounts are paid, death benefits will continue until the youngest child turns 18. Disabled minors may receive benefits for life.

Burial Expenses

California’s workers compensation system also provides for burial expenses. The amount allocated for these expenses can vary, so it’s essential to consult with a knowledgeable attorney to understand the current provisions.

Time Limits for Filing a Claim

Timely action is crucial when filing for death benefits. The period within which to commence proceedings for the collection of death benefits is one year from the date of death if the death occurs within one year of the date of injury. If the death occurs more than one year from the date of injury, other time limits may apply, but no proceedings may be commenced more than 240 weeks from the date of injury.

Why Legal Representation Matters

Navigating the complexities of California’s workers compensation system can be challenging, especially during a time of grief. Having experienced legal representation ensures that all eligible benefits are secured and that the process is handled with the utmost care and professionalism. At the Law Office of Jim T. Rademacher, we are devoted to the legal representation of injured workers and their dependents.

Contact Us for a Complimentary Consultation

If you have lost a loved one due to a workplace incident, it’s imperative to understand your rights and the benefits you may be entitled to receive. Contact the Law Office of Jim T. Rademacher today for a free consultation or call us at 877.563.2878. We are here to guide you through every step of the process, ensuring that you receive the support and compensation you deserve.