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.

Frequently Asked Questions On Death Benefits

Losing a loved one in a workplace accident can create emotional and financial hardship. Workers’ compensation death benefits in California help surviving dependents cover costs and maintain some financial stability. Below are common questions families often ask about these benefits.

Who qualifies as a dependent for workers’ compensation death benefits in California?

Dependents are family members who relied on the deceased worker’s income for financial support. In California, the law distinguishes between total and partial dependents.

Common examples of dependents include:

• Spouses who lived with and relied on the worker’s earnings.
• Children under 18, or adult children who are physically or mentally incapacitated.
• Other relatives, such as parents or siblings, who were financially dependent on the worker.

A California workers’ compensation attorney can help families understand their eligibility and file properly.

How long do I have to file a workers’ compensation death benefits claim in California?

California law sets strict time limits for filing. Families must file within one year from the date of death or within 240 weeks from the date of injury that caused the death, whichever comes first. Failing to meet these deadlines can result in losing the right to benefits.

How are workers’ compensation death benefits calculated in California?

Death benefits are based on the deceased worker’s average weekly wage at the time of injury. The total amount depends on the number of dependents. For example:

• One total dependent may receive up to $250,000.
• Two total dependents may receive up to $290,000.
• Three or more total dependents may receive up to $320,000.

These benefits are paid in weekly installments.

What expenses are covered by workers’ compensation death benefits?

In addition to income replacement, workers’ compensation death benefits cover reasonable burial expenses, usually up to $10,000. These funds help families manage immediate costs without financial strain.

Understanding all covered expenses helps families plan and secure full compensation. An attorney can make sure every eligible cost is properly claimed.

Can minor children receive workers’ compensation death benefits?

Yes. Minor children are considered total dependents under California law and automatically qualify for benefits. Payments continue until the child reaches age 18, or longer if they are disabled and unable to earn a living.

Legal assistance can help ensure minors receive the full support they are entitled to and that benefits are properly managed for their future well-being.

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.