All About Workers’ Compensation Death Benefits in California
Particular close relatives and dependents can receive workers’ compensation death benefits when their loved one dies. The compensation helps cover the financial and emotional suffering that a family may experience during those difficult times.
However, you may ask who among the close relatives and dependents are eligible to receive death benefits?
How much can you receive as death benefits?
Read on for some ideas about these benefits, or consult a Burbank workers’ compensation lawyer immediately.
What Is Workers’ Comp Death Benefits
Workers’ comp death benefits are compensation that an employee’s dependents will receive if the worker dies because of work-related injuries and sickness.
It includes up to $10,000 coverage for burial expenses and cash compensations. The amount of benefits depends on the dependents left by the deceased at the time of death.
Who Is Eligible to Receive These Death Benefits
As mentioned above, total and partial dependents of the deceased at the time of death are eligible to receive the benefits.
Total dependents are people whom the deceased worker completely supported financially before death. Partial dependents have other income sources aside from the employee’s salary.
However, you are automatically considered as a total dependent if you are:
- An under the 18-year-old child of the deceased; including adopted and stepchild
- An adult child who cannot earn a living because of a limiting physical or psychological disability; including adopted and stepchild
- A spouse who only took home $30,000 or lower within 12 months before the worker dies
You must prove that you are a total or partial dependent if you do not fall into the above categories. However, you must have one of the following relationships with the deceased:
- Aunt or uncle
- Nephew or niece
How Much Workers’ Comp Death Benefits Should You Receive
Remember these vital points about the compensation you should receive:
1. Considering Total and Partial Dependents
Total dependents receive the following death benefit amounts:
- $250,000 if there is only one total dependent.
- Two dependents will divide $290,000 equally amongst themselves.
- Three or more dependents will divide $320,000 equally among each other.
Partial dependents will receive benefits if there’s one or no total dependent. Here are the points to remember when determining the amount they should receive:
- Eight times the yearly support they used to receive from the employee if there are no total dependents.
- Four times the yearly support they used to get from the employee if there is one total dependent. However, the total dependent will still receive their $250,000 benefit.
- Partial dependents can only receive not more than a total of $250,000.
2. Release of the Death Benefits
The release of death benefits depends on the temporary total disability rates.
So you will receive two-thirds of the deceased employee’s salary, but not less than $224 each week. This continues until you receive the entire compensation amount.
3. Children Dependents
As mentioned above, children who are below 18 years and adult children with debilitating disabilities are considered total dependents.
The weekly payments that minor children should receive will continue until they reach the legal age, disregarding the maximum compensation amount. Moreover, children with debilitating physical or psychological disabilities will continue to receive the payments for a lifetime.
4. Remaining Workers’ Comp Benefits
The dependents will continue receiving the workers’ comp benefits that a deceased employee should receive for their injury or disease. This amount is apart from the death benefits for the dependents.
Hire a Workers’ Compensation Attorney in Burbank to Claim Death Benefits
The death benefits help cover some losses that your family may face after the death of a loved one. It won’t bring your loved one back to life, but it can help you move forward from the tragedy.
So, find a reliable Burbank workers’ compensation lawyer to help you file a death benefits claim immediately. They will help ensure you receive maximum compensation when you are in a difficult time in your life.