Injuries happen frequently in the workplace, but it is always very tragic when an employee loses his or her life as a result of a workplace accident. If you have a family member who has died in a work accident, you can file for death benefits under workers compensation law. Death benefits may help to cover medical bills, funeral expenses and emotional damages. While a loved one can never be replaced, death benefits can help the family relieve the financial burden.
California requires businesses to have the appropriate insurance coverage that will pay compensation to the surviving family members of an employee after a work-related death. In some cases, insurance companies will not immediately pay the full amount of death benefits that a deceased employee’s family members are entitled to. If you have lost a family member due to an injury, accident, or illness in the workplace, our workers compensation attorneys at Anton Law Group are here to assist in getting the death benefits you deserve to help you through this very challenging time.
The dependents of the deceased employee are entitled to claim death benefits under California workers compensation law. The amount of compensation is determined by the number of dependents, the degree of dependency, as well as whether there are any minor children. To receive these benefits, there must be medical evidence that the death of the employee was caused by a work-related injury. The surviving relatives are also able to claim any temporary disability, permanent disability benefits, out-of-pocket or mileage expenses owed to the deceased worker that have accrued during their lifetime. These unpaid amounts would go to the employee’s estate. The surviving beneficiaries entitled to the estate are determined by the worker’s will, written trust, or by law. If the insurance company delays these payments to the surviving heirs, that can cause additional penalties to be paid out.
It is important for the family members of the deceased to start the claim process as soon as possible so that they do not lose any of the benefits that are available to them. The claim for death benefits must be initiated within one year of the date of death, if the death occurred within one year of the date of the injury accident. If death occurred more than one year from the date of injury, death benefit proceedings must start within one year from the date of receiving any workers compensation benefits, or within one year from the date of death.
After the loss of a loved one, family and friends have the heavy task of making funeral arrangements, packing up personal property and much more. Having to also worry about seeking compensation can be very hard for the surviving family members during their time of grieving. Anton Law Group is here to help ensure that your legal rights are being protected, and get you the death benefits that you are entitled to when a loved one dies due to a workplace injury.