Who is entitled to Death Benefits in California Workers Comp?

Death benefits in California Workers comp system are awarded to temporarily or permanently injured employees who later die from the work injury.

Dependents are also entitled to burial benefits.

We’ll discuss the amounts of such benefits in a future article, for now, the discussion is of the people entitled to the benefits.

Someone who was totally dependent  on the decedent is known as a total dependent. A partial dependent is one who recieved some support from the decedent.

There’s a presumption after 1990, that the spouse of a decedent is totally dependent.

It’s not the date of death but the date of injury that controls the amount of death benefits.

If an employee had a pre-existing condition and then dies because the job aggravates the condition, there is no apportionment, or, in other words, the dependents

get the entire death benefit.

Proof of aggravation is usually done by way of medical reports. If there’s a dispute, death benefits will be awarded if there’s substantial evidence that the job aggravated the pre-existing condition causing death,

Even suicide can be compensable if it results from an aggravation of on the job stress.

Employee intoxication via drugs or alcohol which contribute to the employee’s death will almost always preclude the award of death benefits, however.

A partial or total dependent who files a claim for death benefits and which the employee does not object to within 90 days, is deemed granted.

I’m Ed Smith, a Sacramento Workers Comp attorney and would be glad to help with your WC claim. Call me anytime for free, friendly advice at 916-921-6400 or 800-404-5400 outside of Sacramento.

We specialize in on the job injuries where a third party is also a cause of injury or death.

See our reviews on Yelp, Avvo and Google Plus.

Client Reviews

  • Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!
  • Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation.
  • Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything.
  • Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime.
  • I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone.
  • Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury.