What Are Death Benefits in a California Workers’ Compensation Case?

In California, death benefits are available through the workers’ compensation system when an employee dies as a result of a work-related injury or illness. These benefits are intended to provide financial support to the worker’s surviving dependents, including payment for burial expenses and ongoing support payments.

The law is designed to ensure that families are not left without financial help after a job-related loss.

Who Can Receive Death Benefits?

Death benefits are paid to individuals who were financially dependent on the deceased worker at the time of death. This may include:

• A spouse
• Children under the age of 18 (or adult children who are disabled)
• Other relatives who depended on the worker for financial support, such as parents or grandchildren

California law distinguishes between total dependents (those who relied entirely on the worker for support) and partial dependents (those who relied partially). Total dependents are given priority when benefits are distributed.

What Do Death Benefits Include?

Death benefits in California workers’ compensation cases may include:

• Burial expenses up to a statutory maximum (currently up to $10,000)
• Weekly benefit payments to dependents, based on the worker’s average earnings

The total amount of benefits is capped and depends on the number of dependents:

• One dependent: up to $250,000
• Two dependents: up to $290,000
• Three or more dependents: up to $320,000

Once this total is reached, no additional weekly death benefit payments are made. However, minor children may continue receiving benefits until age 18 (or longer if disabled), even if the cap is met.

How Are Death Benefits Paid?

Payments are typically made weekly at the same rate the worker would have received for temporary total disability. The insurance carrier is responsible for making timely payments to eligible dependents.

In cases where there are disputes over eligibility or the cause of death, the case may go before a workers’ compensation judge.

What If the Cause of Death Is Disputed?

Sometimes, the employer or insurance company may argue that the death was not work-related. This is common in cases involving:

• Occupational diseases (such as cancer or respiratory illness)
• Delayed medical complications
• Accidents with unclear circumstances

Medical evidence and expert opinions are often required to prove that the death is connected to the worker’s job. Legal representation can be important in building a strong case.

Get Help With a Death Benefits Claim

Losing a loved one to a job-related injury or illness is devastating. Navigating the workers’ compensation system during this time can feel overwhelming. The Law Offices of Norman J. Homen helps surviving family members understand their rights and pursue the death benefits they may be entitled to under California law.