Under California workers’ compensation laws, if an employee dies from his/her injuries, their dependents may be entitled to death benefits.Depending on the numbers of dependents of the deceased employee, death benefits can range from $125,000.00 to $320,000.00. Death benefits are determined at the date of injury and not the date of death.In California, a minor under the age of 18 years is conclusively presumed to be a full dependent for support upon a deceased employee with whom that child is living at the time of injury resulting in death. Also, a spouse to whom a deceased employee is married at the time of death shall be conclusively presumed to be a full dependent for support if the surviving spouse earned less than $30,000.00 in the twelve months immediately preceding the death.
It is important to understand when a dependent can claim a death claim against the decedent’s employer. Here are some examples of a potential death claims. An employee can have an on job catastrophic injury causing immediate death or death there after. An employee can also be exposed to various toxins over a period of time of his or her employment which could contribute to his demise due to failure of internal organs or development of cancers. Often, when an employee is working in a stressful or hostile environment, he or she can develop a stress-related symptom that can contribute to a heart attack or a stroke which can lead to his or her demise. The Law firm of Rowen, Gurvey & Win have handled many of these death related cases and has successfully obtained great results for the dependents of the deceased employees
Please see the Frequently Asked Questions (FAQ) section of our website for further information on the California workers’ compensation system and the benefits to injured workers, provided under the California workers’ compensation laws.
For further information and a free consultation , please contact us: (818) 981-9960.