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Death Claims

Workplace Death Benefits in California

A Guide to Workers' Comp Death Benefits

Fatal workplace injuries climbed dramatically in 2016, rising by 7% over the number of work-related deaths the previous year. While California has consistently had one of the lowest rates of workplace deaths in the United States over the past decade, 376 workers still lost their lives in 2017, in large part because the state acts as the nation’s biggest jobs engine.

Some statistics about workplace deaths in California:

  • In 2017, there were roughly 2.5 fatalities per 100,000 workers
  • More workplace fatalities occur from July to September than in other seasons
  • The age group with the highest number of fatalities from 2013 to 2017 was 45-54 years of age with 354 fatalities
  • Transportation accidents were the largest cause of fatal accidents from 2013 to 2017 at 37%

When a worker loses their life on the job, their surviving dependents are entitled to receive benefits under workers' compensation. Known as “death benefits”, this type of compensation is available to the deceased’s spouse, children or other dependents who relied on the worker for financial support.

At The Bridgeford Law Office, we provide all of our clients with personalized attention throughout the entirety of their claim. Attorneys Mark K. Bridgeford, Gary W. Allen, Rebecca L. Roupe, and Emily C. Peterson always return client calls and maintain direct communication through the entire claims process.


Call (661) 771-3004 for a consultation.


Who Is Eligible For Workers' Compensation Death Benefits?

If an employee passes away, their total dependents and partial dependents are eligible to receive death benefits. Total dependents are individuals who completely relied on the deceased for financial support, while partial dependents only partly relied on the deceased for support. According to California law, the following members of the deceased’s family are automatically considered to be total dependents:

  • Children under 18
  • Children of any age who are physically or mentally incapacitated
  • A spouse who earned $30,000 or less in the 12 months before the worker’s death

Other individuals, such as an elderly father or incapacitated cousin, may also qualify as dependents if it can be proven that they relied on the workers for food, clothing and other living expenses. Generally speaking, any member of a deceased worker's family who is not a total dependent will be considered a partial dependent as long as they relied on the worker for a certain percentage of financial support.

What Types of Death Benefits are Available in California?

For those who qualify as dependents, they may receive compensation for two different types of benefits: burial expenses and death benefits.

Burial Expenses

Workers’ compensation must pay for reasonable burial expenses, with a maximum amount of $10,000. If the death took place before January 1, 2013, the amount is $5,000.

Death Benefits

The amount of death benefits due is determined by the number of dependents. In California, the amounts paid out are:

  • $250,000 for 1 total dependent
  • $290,000 for 2 total dependents
  • $320,000 for 3 or more total dependents

Death benefits are usually given in installment payments until the full amount is reached, with installments totaling no less than $224 per week. Additional amounts are awarded for partial dependents if there is only one total dependent or less. If there are no total dependents, partial dependents are entitled to an amount equal to four times the annual support they received from the deceased worker.

Benefits for Minor Dependents

Once these limits have been reached, minor dependents will continue to receive periodic payments equal to the amount of weekly temporary disability benefits that the worker would have received if they had lived. These payments can be no less than $224 per week and are split evenly among minor dependents until the last dependent turns 18.

Lost a Loved One? We Can Help

Losing a loved one in a fatal workplace accident can be a devastating experience. At The Bridgeford Law Office, we understand what you are going through and can provide the compassionate representation you need to move forward. With more than 75 years of collective experience handling California workers' compensation law, we can help you pursue the full benefits you deserve.

If you want to talk to one of our Santa Clarita work accident lawyers, call (661) 771-3004 today.

A Firm You
Can Rely On

  • 19 Years of Experience in the Santa Clarita Valley in Your Corner
  • Attorneys Allen and Bridgeford Are Certified Workers' Compensation Specialists by the Board of Legal Specialization of the State Bar of California
  • Open Lines of Communication and Direct Attention from Our Dedicated Attorneys
  • Personalized Legal Care Where We Treat All Clients Like Family
  • We Take the Time to Listen to Your Needs During a Confidential Initial Assessment

Client Testimonials

  • They are exceptional at what they do.

    “I was a client for this law office a few years ago. I have nothing bad to say about Mr. Allen as well as Mr. Bridgeford. They are exceptional at what they do. I thank you all for helping when I needed it most!”

    Wendy G.

  • I am eternally in your debt. Again, thank you.

    “You have lightened my stress level considerably due to your legal expertise; and the fact that you genuinely care about me as a person, not just a client. I am quite certain that ALL of your clients receive the same level of quality.”

    Anonymous

  • At least this new year will be starting on a far better note than last year at this time.

    “At least this new year will be starting on a far better note than last year at this time. Thanks to your efforts this year at least my bills are paid, my medications are here, I'm not facing eviction. Thanks!”

    Anonymous

  • Very pleased with this Law Office

    “Very pleased with this Law Office for Workmans Comp representation. Work hard and not a dime out of pocket. Would highly recommend”

    Joel C.

  • They made me feel like a person rather than a number.

    “Very nice, and made me feel like a person rather than a number. Thanks!”

    William Mount

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