Death Benefits

Death Benefits: Support for Families of Deceased Workers

Death Benefits

Understanding Workers’ Compensation Death Benefits in California

When tragedy strikes, and a family loses a loved one due to a work-related accident or illness, the last thing they need is to struggle with financial complications. California law mandates that businesses carry insurance to pay death benefits to the family of the deceased worker. This includes not only spouses and children but also other dependents, providing essential financial support during a challenging time.

Death Benefit Claims Process

Navigating the claims process for death benefits can be complex. It requires knowledge and careful adherence to deadlines and procedures. We outline the key stages here:

When to File a Claim for Death Benefits

It’s vital to start the claim process as soon as possible. The period to file depends on the date of death and injury, so understanding these timelines is crucial to receive benefits. Generally, proceedings must begin within one year of the date of death or injury, and no later than 240 weeks from the date of injury.

Available Death Benefits and Amounts

The amount of death benefits available depends on the number of total and/or partial dependents left behind. Here’s a breakdown:

  • One total dependent: $250,000
  • Two or more total dependents: $290,000
  • Three or more total dependents: $320,000
  • Other situations involving partial dependents have specific calculations
  • Reasonable burial expenses, not exceeding $10,000

For totally dependent minors, benefits continue until the youngest child turns 18 (or for life if disabled).

Payment of Death Benefits

Death benefits are paid at the total temporary disability rate in California, with a minimum amount of $224.00 per week.

Why Legal Representation is Essential

Insurance companies may not automatically pay the full amount entitled to the family of the deceased. Having an experienced workers’ compensation attorney to handle the claim ensures that rights are protected.

Banker’s Hill Law Firm, A.P.C.: Here to Help You

In San Diego, we are committed to helping you receive benefits that acknowledge the loss of your deceased worker. Our compassionate approach aims to minimize your stress, allowing you to focus on what truly matters.

Contact Us for Support and Guidance

Our team is ready to assist you with the complex process of securing workers’ compensation death benefits. Reach out to us at (619) 230-0330 or via WhatsApp, and let us support you during this difficult time.

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