California Wrongful Death and Death Benefits
40 Years of Combined Experience
California workers’ compensation program is a no-fault program, which means that surviving family members do not have to prove that their loved one’s employer caused their death due to negligence. Collecting your death benefits is as simple as filing a claim. However, once you collect benefits, you are not able to sue the employer. Workers’ compensation may cover burial expenses and provide you with some money. Still, it doesn’t compensate you for your intangible losses, such as loss of partnership and reduced quality of life.
The Jin Law Firm P.C. has 40 years of combined experience handling and addressing these types of wrongful death benefit claims.
How Are Death Benefits Determined?
Workers’ compensation calculates death benefits based on how much the employee earned before their death. The death benefits are generally equal to about two-thirds of their wages, which is paid weekly to any eligible dependents. However, the weekly amount for these benefits cannot be less than $224.
What Relatives Can File for Death Benefits?
Any surviving family members that were partially or totally dependent on the deceased employee at the time of the accident for financial support may be eligible for death benefits. Qualifying relatives include:
- Spouses or domestic partners
- Children (including step-children)
- Parents (including in-laws)
- Siblings (including in-laws)
- Aunts, uncles, nieces and nephews
Surviving family members have one year under the law to file a death benefits claim. Death benefits will be paid to the surviving spouse until they remarry and to dependents until they turn 18 years of age.
Experience You Can Trust
The Jin Law Firm urges families not to rush into settlements, especially since some employers will push for a one-time lump sum rather than paying weekly benefits to survivors. We offer free consultations, so contact us today to let us help you evaluate your case to ensure that you are adequately compensated for your loss.