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Reviewing workers’ compensation benefits for deceased employees

| Jul 5, 2021 | Firm News

Most people in California likely understand that workers’ compensation benefits help to pay for the expenses related to one’s work-related injury so they do not suffer a financial hardship while away from work. Yet what happens if your loved one’s workplace accident takes their life?

Many potential clients come to us here at Berger & Michelena with this very question. While any financial assistance to cover the cost related to your loved one’s medical expenses from their workplace injury are no doubt greatly appreciated, their loss likely leaves a financial void. Do workers’ compensation benefits allow you anything to compensate for that loss?

Payment for funeral expenses

Beyond the cost of your deceased loved one’s care, their death also brings with it funeral expenses. According to the California Labor Code, should your loved one die in a workplace accident, their employer must cover up to $10,000 in funeral costs.

The workers’ compensation death benefit

After funeral costs, your loved one’s employer must also pay out a death benefit. If they leave a single total dependent, that benefit must be $290,000. If they leave two or three (or more) total dependents, that benefit increases to either $290,000 and $320,000, respectively.

If your loved one left behind partial dependents, the death benefit owed is $250,000 plus four times the amount annually devoted to the support of the partial dependents (not to exceed $290,00) if they also had one total dependent. If they had no total dependents, the amount owed to partial dependents decreases to four times the amount typically devoted to them up to $125,000.

You can find more information on benefits due following workplace accidents by continuing to explore our site.