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The loss of a family member as a result of a work-related injury is devastating in many ways. For families, not only does the emotional and mental health loss lead to complications, but there is a financial impact as well, especially if that person was a wage earner within the household.
Workers’ compensation death benefits in California aim to provide some relief. Talk to an Orange County workers’ compensation lawyer today.
If your loved one loses their life as a result of a work-related injury, a death benefit may be paid to a spouse, children, or other dependents. These funds are meant to provide financial relief, but they can be complicated to navigate. Working with a workers’ compensation disability attorney can prove vital.
Under California’s workers’ compensation benefits laws, the family receives up to $10,000 in funeral and burial expenses, as long as your loved one died after 2013. Prior to this, these benefits tapped out at $5,000.
In addition, a lump sum is paid to the dependents:
These values are for “total dependents.” A total dependent is a person who relied on the deceased worker for all of their financial support. For example, if a child under the age of 18 was supported by the earnings of the deceased party, that person would qualify as a total dependent. If that dependent earned a small income, it would not disqualify them from receiving compensation.
However, in situations where there are no total dependents, a partial dependent may receive benefits. This benefit is valued at up to $25,000. A partial dependent is a person who received some of their financial support from the deceased party.
If there is 1 total dependent and 1 or more partial dependents, the first total dependent will receive their full dependent amount (up to $250,000), and the partial dependents receive up to $25,000. In situations where there are two or more total dependents, the law does not allow any partial dependent to seek compensation.
Under California law, death benefits are usually paid in installments, much like disability benefits. They are designed to provide support on an ongoing basis for dependents who have lost the person providing their financial support. This is in addition to the lump sum payments that dependents receive.
Minors will receive weekly payments until they turn 18 years of age. If the minor is disabled, they could receive payments longer. The surviving spouse can receive weekly payments if they are determined to be totally dependent on the deceased worker. If the spouse remarries, they no longer qualify for these benefits.
The amount received is dependent on the wages earned by the employee at the time of their death. Most of the time, this is paid at a rate of two-thirds the worker’s average weekly salary.
Workers’ compensation death benefits in California provide critical financial support to most dependents. Yet, proving you are owed them and maximizing the compensation you receive requires careful planning.
Turn to DiMarco | Araujo | Montevideo for legal guidance and support in seeking workers’ compensation benefits after your family member’s death. Contact us today to schedule a complimentary consultation.