Workplace Death Claims

This is precisely why reaching out to a wrongful death attorney in greater Los Angeles is a crucial step for you to consider, and we offer an initial consultation at no cost. It’s possible that you could be eligible for death benefits through workers’ compensation. We possess the capability to potentially initiate a wrongful death lawsuit against a third party that bears responsibility for your loved one’s untimely passing.

Attorney Steve Crane and Steve Crane Law are committed to offering legal guidance and advocacy for individuals who have suffered injuries or the loss of dear ones due to workplace accidents. Arrange a complimentary and commitment-free consultation with one of our skilled workers’ compensation attorneys in the San Fernando Valley and greater Los Angeles to assess your situation and explore your legal avenues. Steve empathizes with the challenges you’re facing and are steadfast in our pursuit of securing equitable compensation on your behalf.

We charge no upfront fees of any kind because we work on contingency – we get paid only if you do, which means we operate without any upfront charges; our fees are contingent on your success, ensuring our alignment with your interests.

Since 1995, attorney Steve Crane has successfully represented persons with their legal matters.

As an experienced lawyer, Steve can gauge when it makes sense to go to court. He knows that a letter or phone call — with proper wording and timing — can be more effective or cost-efficient than suing for damages or injunctive relief.

For those cases that must be presented to a judge or jury, he is eminently qualified to assert your interests.

If you have sustained a workplace injury, call attorney Steve Crane free. He and his team can assess the facts of your case and help you determine the best course of action to move forward.

To schedule a discrete and confidential consultation about your matter, call attorney Steve Crane free at (888) 855-4400.

Death benefits

Worker’s compensation serves to provide financial assistance to employees who sustain injuries or lose their lives due to workplace accidents. This encompasses offering compensation to their dependents in case of the employee’s demise.

Nevertheless, the worker’s compensation system also safeguards employers from legal action related to work-related injuries or fatalities, even if the employer’s negligence or contribution to a hazardous work environment is evident. Workers and their families relinquish the right to sue the employer for non-tangible losses tied to the deterioration of their quality of life or companionship.

Even in cases where employers have violated safety protocols set by the Occupational Safety and Health Administration (OSHA), the worker’s compensation structure remains intact. This is attributed to the system being a no-fault arrangement. If an injury occurs during the regular course of an employee’s duties, benefits are granted regardless of fault. These benefits can encompass covering medical expenses and providing compensation for temporary or partial disabilities.

Who is eligible for death benefits?

Entitlement to death benefits hinges on being wholly or partially dependent on the deceased employee’s financial support at the time of the accident. This includes:

• Spouses/domestic partners
• Children
• Parents
• Grandparents
• Grandchildren
• Siblings
• Aunts
• Uncles
• Nieces and nephews

Certain family members automatically qualify as total dependents as per the law:

• Minor children: Children under 18 years old
• Incapacitated adult children: Children of any age who are unable to earn a living due to a physical or mental disability
• Surviving spouse: The deceased’s spouse if they earned less than $30,000 in the 12 months before the employee’s death

Other family members may also be considered total dependents if they were a full-time member of the household, related to the deceased by blood, marriage, or adoption, and relied on the deceased for financial support.

The total amount of death benefits depends on the number of eligible dependents. The basic death benefit is two-thirds of the deceased’s average weekly earnings. The maximum weekly benefit rate is adjusted annually. The total benefit amount is divided equally among the eligible dependents.

Does workers’ comp cover death?

Yes, workers’ compensation in California covers death:

• Death benefits: If an employee dies from a work-related injury or illness, their surviving dependents may be eligible for death benefits. These benefits include:
• Reasonable burial expenses up to the maximum set by law
• Support payments for a period of time, usually at the same weekly rate as the maximum temporary disability benefit
• Dependents: Dependents who may be eligible for death benefits include:
• Children, including step- and adopted children
• Spouses
• Grandchildren
• Parents and siblings, including in-laws
• Grandparents
• Aunts and uncles
• Nieces and nephews
• Domestic partners
• Time limits: Death claims must be filed within one year of the date of death or within one year of the date you knew or should have known that the death was connected to work-related factors.
• When benefits begin: If one or more totally dependent minors are eligible, death benefits will continue until the youngest minor child turns 18 years old. Disabled minors receive benefits for life.

What does workers’ compensation pay?

In California, workers’ compensation pays injured employees a portion of their lost wages and provides other benefits depending on the type of injury:

• Temporary disability: Pays two-thirds of an employee’s pre-tax gross wages, up to a maximum weekly rate. This benefit begins when a doctor says an employee can’t do their normal work for more than three days. Payments are made every two weeks and usually stop when the employee returns to work.
• Permanent disability: Pays injured workers who are unable to perform their normal work or activities. The amount paid is based on the severity of the disability.
• Death benefits: Pays a spouse or dependent if an employee dies from a work-related injury or illness.
• Supplemental job displacement vouchers: Available if an injured worker can’t return to their job.

In California, employers are required to purchase workers’ compensation insurance. Employees should report work-related injuries to their employer within 90 days.

Who is entitled to collect after someone dies in a work-related accident?

In California, a deceased worker’s spouse, children, or other dependents who were financially reliant on the employee at the time of the work-related accident are entitled to collect death benefits under workers’ compensation, which may also include parents, siblings, grandparents, aunts, uncles, nieces, and nephews depending on their dependency level.

Key points about California workers’ compensation death benefits:

• Eligible dependents: Spouses, children (including stepchildren and adopted children), grandchildren, parents, siblings, grandparents, aunts, uncles, nieces, and nephews may qualify depending on their financial dependence on the deceased employee.
• Burial expenses: The employer is also liable for reasonable burial expenses, capped at $10,000.
• Dependency requirement: To collect benefits, dependents must prove they were partially or totally dependent on the deceased employee for financial support at the time of the accident.
• Claim filing: A claim for death benefits must be filed within a specific timeframe after the work-related death.

How do you calculate the worker’s compensation rate for a survivor’s loss?

In California, a worker’s compensation rate for a survivor’s loss is calculated by taking two-thirds (66.7%) of the deceased employee’s average weekly earnings, which is then distributed to eligible dependents based on their number and dependency status, with a maximum benefit amount depending on the number of total dependents; for example, one total dependent may receive a maximum of $250,000, while two total dependents may receive a combined maximum of $290,000.

Key points about California worker’s compensation survivor benefits:

• Basis of calculation: The benefit is based on two-thirds of the deceased employee’s average weekly earnings.
• Dependent impact: The total amount of the benefit depends on the number of eligible dependents.
• Maximum benefit amounts: Different maximum benefit amounts exist depending on the number of total dependents.
• Payment distribution: The benefit is typically paid weekly to the eligible dependents

Are workers’ compensation death benefits capped?

Yes, there is a cap on workers’ compensation death benefits in California:

• Total dependents: The maximum death benefit is $250,000 for one total dependent, $290,000 for two total dependents, and $320,000 for three or more total dependents.
• Partial dependents: The death benefit is four times the amount of annual support the deceased received while alive. If there are no total dependents, the death benefit is eight times the amount of annual support.
• Burial expenses: There is a $10,000 cap for burial expenses.

Death benefits are paid biweekly at the decedent’s temporary disability rate. The weekly rate cannot be less than $224.

Surviving family members who may be eligible for death benefits include:

• Spouses or domestic partners
• Children
• Grandparents
• Parents
• Siblings
• Aunts, uncles, nieces, and nephews

Surviving family members have one year to file a death benefits claim.

What if there are no dependents?

In California, Workers’ Compensation pays a maximum of $10,000 for burial expenses, regardless of whether there are dependents or not.

Key points about California Workers’ Comp death benefits:

• Burial allowance: Up to $10,000 for burial expenses.
• Dependent benefits: If dependents exist, additional death benefits are paid based on the number of dependents, with the maximum amount being significantly higher than the burial allowance.
• No dependents: If no dependents exist, the benefits go to the deceased person’s legal heirs or personal representative

How do I know if I’m receiving the correct amount of survivor benefits?

The best way to ensure you receive the correct survivor benefits is to speak with an experienced California work compensation lawyer. Insurance companies frequently make mistakes — and they are never in your favor.

Are workers’ compensation death benefits taxable?

In California, workers’ compensation death benefits are tax-free.

How are death benefits paid?

Death benefits are payments to a spouse, children or other dependents if an employee dies from a work-related injury or illness.

This includes reasonable burial expenses, not exceeding $5,000 for injuries before Jan. 1, 2013 and $10,000 for injures on or after Jan. 1, 2013.

The amount of the death benefit depends on the number of total and/or partial dependents. In the case of one or more totally dependent minors, after payment of amounts specified below, death benefits will continue until youngest minor’s 18th birthday (disabled minors receive benefits for life).

Death benefits are paid at the total temporary disability rate, but not less than $224.00 per week. The period within which to commence proceedings for the collection of death benefits is one year from death where death occurs within one year of date of injury (DOI); or one year from date of last furnishing of any benefits or one year from death where death occurs more than one year from DOI. No such proceedings may be commenced more than 240 weeks from the DOI.

For injuries on or after Jan. 1, 2013, death benefits include burial expenses in the amount of $10,000 and for one total dependent in the amount of $250,000, two or more total dependents in the amount of $290,000, or three or more total dependents in the amount of $320,000.

How can I file a claim for death benefits?

To file a claim for death benefits in California, you can:

• Notify CalPERS: You can notify CalPERS of the death by mail, phone, or online.
• Complete the application: CalPERS will mail you an application package after you notify them of the death. The package will include forms to complete and a list of documents to send.
• Return the application: Return the completed forms and required documents to CalPERS.

You can also file a claim for workers’ compensation death benefits in California by:

• Notifying the employer: Notify the employer of the death as soon as possible.
• Obtaining a claim form: Request a claim form (Form DWC-1) from the employer or the workers’ compensation insurance carrier.
• Completing the claim form: Fill out the form with details about the deceased worker, the dependents, and the circumstances of the death.
• Submitting the claim: Submit the completed form to the employer or the insurance carrier.

Surviving dependents must file a claim for death benefits within a year after the employee died.

Can I file a wrongful death lawsuit against my loved one’s employer?

While surviving family members can’t litigate against the employer in the context of a workplace incident, they may pursue a wrongful death lawsuit if the death is attributed to a third party.

To initiate such a lawsuit, it’s necessary to establish that the loved one’s demise on the job was due to the negligence of a third party. Third parties who could be held accountable encompass:

• General contractors or subcontractors failing to ensure a safe work environment
• Manufacturers producing and selling defective or poorly designed products
• Drivers causing motor vehicle accidents due to intoxication or distraction
• Criminal suspects causing violent assaults on those carrying out work duties

Furthermore, harm resulting from the loved one’s death must be demonstrated. This harm can take the form of damages like lost wages, diminished earning capacity, and intangible losses such as decreased quality of life, loss of companionship, and physical and emotional suffering.

It’s the compensation for these intangible losses that distinguishes wrongful death claims from worker’s compensation claims. A San Fernando Valley, and greater Los Angeles wrongful death lawyer can ascertain eligibility for a lawsuit on behalf of the deceased and facilitate holding negligent third parties accountable.

Who is eligible to file a third-party lawsuit?

In California, only specific individuals can initiate a wrongful death lawsuit. These individuals encompass the surviving spouse, domestic partner, or children of the deceased employee. In the absence of such individuals, the right to file a lawsuit can extend to anyone entitled to the deceased employee’s property or estate. This might involve the deceased employee’s parents or siblings, depending on who was living with them at the time of death.

Surviving family members can seek various damages in a wrongful death claim, which might include:

• Funeral and burial expenses
• Medical bills accrued before the loved one’s demise
• Lost income, including potential earnings that would have been amassed
• Loss of services, care, assistance, and other previously provided benefits
• Additional damages like pain and suffering

San Fernando Valley and greater Los Angeles wrongful death attorneys work to ensure that surviving family members receive the complete value of their claims.

Is there a deadline for filing a wrongful death claim?

Deadline for Job Related Death

In order to properly file for death benefits, surviving dependents must file a claim for death benefits within a year after the employee died as a result of the work-related injury or illness, and no more than 240 weeks after the injury itself.

If the employer has had to pay certain types of compensation related to its misconduct (and the death came more than a year after the injury), the filing deadline is one year after the last payment date for that compensation. (Cal. Labor Code § 5406 (2020).)

Deadline for Death Due to the Conduct of a Third-Party

A statute of limitations mandates that lawsuits be filed within a specified timeframe. In California, a wrongful death lawsuit must be initiated within two years from the date of the loved one’s death. Failure to file within this timeframe results in the forfeiture of the right to do so.

However, the discovery rule provides an important exception to this statute. It applies in cases where it wouldn’t have been reasonable for a person to be aware of grounds for a lawsuit. For instance, if a reasonable person wouldn’t have known that a third party was involved in the workplace death. Nevertheless, once awareness of grounds for a lawsuit arises, it’s necessary to file within one year.

A wrongful death lawyer at Steve Crane Law can clarify these exceptions and guide individuals through the legal process, advocating for their best interests.

If your loved one is a victim of a wrongful death, call attorney Steve Crane free. He and his team can assess the facts of your case and help you determine the best course of action to move forward.

To schedule a discrete and confidential consultation about your matter, call attorney Steve Crane free at (888) 855-4400.