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The Law Offices of Mark C. Blane, APC

Q
DEATH BENEFITS: If someone dies while on-the-job as the result of a work injury, what would be the death benefits under California workers' compensation should the death qualify for such a claim?

A

 

If a California worker dies as a result of a work injury, his or her dependents are entitled to a death benefit under California’s workers’ compensation laws.  Should the family incur any costs for funeral, then coverage for funeral costs is also included within the death benefit.  The specific value of the death benefit will depend on the date of the original  work injury, the number of any surviving dependents, and the final analysis goes to whether any of the surviving dependents were totally or just partially dependent on the deceased injured California worker.  For any work related injuries that cause the death of a California worker occurring on or after January 1, 2006, the maximum allowable death benefit is itemized as follows:

Number of Dependents:
-    One total dependent:      $250,000
-    Two total dependents:    $290,000
-    Three or more
     Total dependents:          $320,000

Remember, the death must be related to a work injury, meaning the death occurred within the course and scope of employment.


 

 

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