Understanding Death Benefit Attorneys
When a work accident results in death, the dependents of the estate are entitled to claim workers’ compensation death benefits. There are strict time limits for filing a death benefits claim, so you should speak with an attorney as soon as possible.
The attorneys at Berger & Michelena have been representing clients in workers’ compensation cases for more than five decades. In your case, we will work diligently to obtain the best possible result for you.
The spouse, children and certain other heirs are eligible for death benefits. In a free consultation, a lawyer at Berger & Michelena can review your case and explain your rights. Call: 800-488-4813.
Workers’ Compensation Death Benefits In California
For injuries after January 1, 2013, if there is one dependent, then death benefits will total $250,000, with higher amounts payable when there are additional dependents. In addition, heirs can receive up to $10,000 in some cases for funeral expenses. Death benefits for minors are paid at the total temporary disability rate but not less than $224 per week. Minors can continue to receive death benefits until they reach the age of 18 or permanently if they are disabled.
There are numerous other requirements, and in any given case, there may be complexities that can affect the ability of heirs to receive death benefits. The goal of our Los Angeles death benefit attorney will be to help you obtain all of the benefits you are entitled to receive.
Work-Related COVID-19 Deaths
Another issue that has arisen in recent times is COVID-19-related deaths. According to California law, there is a legal presumption that if someone dies from COVID-19, that person contracted the virus from work. Talk with an attorney from our firm to talk through these issues.
Was A Third Party Responsible For The Death?
When a fatal work accident is the fault of someone other than a co-employee, the heirs of the decedent can seek additional compensation from that third party. Any workers’ compensation death benefits the heirs receive may be reduced, but in many cases, the value of a third-party claim can far exceed the value of the death benefits. Therefore, it is usually in the heirs’ interests to pursue a third-party claim.
Berger & Michelena aggressively represents clients in third-party wrongful death cases. We seek to maximize the total compensation our clients receive from all sources.
Contact A California Death Benefit Attorney
For a free consultation about filing for death benefits in Los Angeles or elsewhere in Southern California, contact Berger & Michelena.