California Workers’ Compensation Death Benefits Attorney | 20+ Years Experience
The Inland Empire workers’ compensation death benefits attorneys at Moga Law Firm are committed to helping family members recover the benefits to which they are entitled in the event a spouse, parent, or other provider dies as the result of a work-related injury or illness. Given the many complexities of state law in this area, it is critical to consult with a knowledgeable California lawyer for help with your claim.
Determining the Amount of Available Death Benefit Payments
If an employee dies from a work-related injury or illness, death benefits are payable to his or her qualified spouse, children, or other dependents. The amount of total available death benefits is dependent on the number of total and/or partial dependents, according to the California Department of Industrial Relations for the 2006 – 2012 period:
- Reasonable burial expenses less than $5,000
- One total dependent – $250,000
- Two or more total dependents – $290,000
- Three or more total dependents – $320,000
- One total plus one or more partial dependents – $250,000 plus four times annual support for partial dependents not to exceed $290,000
- One or more partial dependents – Eight times annual support not to exceed $250,000
Death benefit payments are calculated based on the total temporary disability rate, but not less than $224.00 per week until the full death benefit has been made. If dependency involves a minor child, benefit payments will continue until the child reaches 18 years of age. Additionally, for injuries that occur on or after January 1, 2003, benefits will be paid to a dependent child for life when they are physically or mentally debilitated from earning.
Given that the rules governing these benefit payments are complex, the guidance of an experienced Ontario workers’ comp death benefits lawyer is invaluable.
Time Period to File for Workers’ Compensation Death Benefits
The time periods for beginning an action for the collection of death benefits are:
- One year from death where death occurs within one year of the injury date;
- One year from the last date that any benefits were received; or
- One year from death where death occurs more than one year from the injury date; however, no action may be commenced more than 240 weeks from the injury date.
Schedule a Free Initial Consultation with Moga Law Firm
If you have lost a family member as the result of a workplace accident or injury, please speak with one of our highly skilled Upland workers’ comp death benefits lawyers to learn what benefits you may be entitled to receive. Call our office at 909-931-2444 or contact us online. Se habla español.