Workers’ Compensation in the State of California: Death Benefits
If you or someone you know depends financially on a person who recently passed away due to a work related injury illness, there may be an opportunity to recover monetary compensation for the damages accrued. This form of monetary compensation is also known as death benefits, and in the State of California, they are available under the workers’ compensation umbrella.
Death benefits are set to aid or compensate the victim’s survivors who have lost economic support in the aftermath of the person’s sudden death. Additionally, many employers and or companies, usually done through their insurance company, will pay out for all of the burial expenses.
Understanding the Eligibility Requirements for Death Benefits
Any person may be eligible to receive death benefits if he or she was completely, or in some cases partially dependent, on the deceased person’s economic support at the moment that the injury occurred. Further, this eligible candidate must also be a member of the victim’s household or was otherwise the victim’s close family member. Other qualifying factors may include, but are not limited to:
- Minor children under the age of 18 that include stepchildren as well as adopted children
- The victim’s husband, wife, or partner
- Minor grandchildren
- The victim’s parents
- The victim’s siblings, this may include the victim’s in-laws
- The victim’s grandparents
- The victim’s aunts and/or uncles
- The victim’s nieces and/or nephews
There are a selected few family members that may be automatically considered to be total dependents of the victim. This may include, but is not limited to the following:
- Any minors under the age of 18
- The victim’s son(s) and/or daughter(s) over the age of 18 who are not able to earn financial income due to a form of mental or physical incapacity
- A spouse who has earned an income below $30,000 in the past year before the time of the incident
There are other household members who may be able to qualify if they can provide evidence demonstrating that they were at least partially dependent in the victim’s financial aid.
State Laws Will Vary
It is important to recognize that every state will have its own rules and regulations concerning death benefits. This is especially true when considering the amount of money that a person will be entitled to receive. A powerful tool in ensuring that a victim’s survivor has the opportunity to recover compensation for his or her losses is to seek the advice and support of an experienced attorney. An attorney will also help the candidate understand the time limitations related to the filing of the claim. The State of California, for example, allows only a small window of time to file for a workers’ compensation claim. If the deadline has passed, it is likely that the survivor will not be able to obtain restitution for his or her losses.
Obtain the Support of a Qualified Attorney
If you or someone you know was at least partially dependent on the financial support of a recently perished victim that passed away due to the result of an injury or illness, there may be an opportunity to seek restitution. Seek the advice and support of a workers’ compensation attorney who can help you in the process of collecting the necessary documents. An experienced attorney should also help to ensure that you submit the claim in the appropriate time frame. The attorneys at the Moga Law Firm are experienced in workers’ compensation claims. The Moga Law Firm holds the dedication and experience necessary to help clients file for successful death benefits claims.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
