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San Diego Workers’ Comp Attorneys Handling Death Benefit Claims
Americans spend most of their waking hours at work, which means the likelihood of a work-related accident or injury occurring at some point in a person’s life isn’t necessarily small. But losing one’s life in a workplace accident? Nobody expects that degree of tragedy to befall a family member. To help families in this situation, California requires businesses to carry insurance that will pay death benefits to surviving family members after a job-related fatality. However, insurance companies will not automatically pay the full amount of death benefits entitled to family members of the deceased. For this reason, if you have lost a family member due to a workplace accident, injury, or illness, you need an experienced workers’ compensation attorney to handle your claim. In San Diego, Banker’s Hill Law Firm, A.P.C. is here to help you.
Workers’ Comp Death Benefits Available in California
Under California law, workers’ compensation death benefits are payments to a spouse, child(ren), or other dependents if an employee dies from a work-related injury or illness. This includes reasonable burial expenses, not exceeding $10,000. The amount of death benefits available depends on the number of total and/or partial dependents the deceased person left behind. For one total dependent the amount is $250,000, for two or more total dependents the amount is $290,000, and for three or more total dependents the amount is $320,000. If there is one total dependent plus one or more partial dependents, the amount is $250,000 plus four times the annual support for partial dependents not to exceed $290,000. For one or more partial dependents, the amount is eight times annual support not to exceed $250,000.
In the case of one or more totally dependent minors—after payment of the amounts described above—death benefits will continue until the youngest minor’s 18th birthday. For disabled minors, death benefits continue for life. The death benefits are paid at the total temporary disability rate in California, but not less than $224.00 per week.
When to File a Claim for Death Benefits
Family members must start proceedings for the collection of workers’ compensation death benefits within one year of the date of death if the death occurred within one year of the date of injury. If death occurred more than one year from the date of injury, the period during which to start death benefit proceedings is within one year from the date of receiving any workers’ compensation benefits, or within one year from the date of death. No death benefit proceedings may be commenced more than 240 weeks from the date of injury, so it is important to start the claim process as soon as possible, so you don’t risk losing the death benefits available to you.
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Talk to a Knowledgeable San Diego Workers’ Comp Attorney About Receiving Death Benefits
For more information about receiving workers’ compensation death benefits, please contact Banker’s Hill Law Firm, A.P.C. in San Diego. Our workers’ compensation attorneys can help you file your claim for death benefits in a complete and timely manner, so you receive the full amount of compensation you are entitled to under California law, with no hassles or unnecessary back and forth with the insurance company.