Have questions about death benefits?

A work-related death is a terrible tragedy that unfortunately may happen at times. In this event, workers’ compensation usually pays for any death benefits and burial expenses. When a worker dies, it can often leave the individual’s family in a financial hardship. Those in this position may be eligible to collect survivor benefits.

Eligible Candidates

There are various individuals from surviving family members and other eligible applicants who may be compensated:

• Children of the affected individual (biological, stepchildren, and adopted children)
• The spouse
• Aunts and Uncles
• Grandchildren
• Parents and In-laws
• Siblings
• Grandparents
• Nieces and nephews

Total Dependents Eligibility

Under the California law, some members of a household are viewed as total dependents of the decease employee and may also receive survivor benefits if they are children of the deceased and under the age of 18, be a child over 18 but unable to earn his or her own income due to mental or physical limitations, or be a spouse who earned less than $30,000 in the past year prior to the worker’s death.

Partial Dependents

Households who have earned more than $30,000 must prove that they were partially or totally dependent on the deceased worker in order to receive survivor benefits. In other words, you must prove that the deceased with paid for most or all of your living expenses prior to their work-related death. You may be eligible to receive a death benefit as well if you relied partly on the deceased individual for support. To do this, only one dependent must file a claim and if there are no total dependents, any partial dependents can split the yearly support amount the deceased initially provided as long as it does not exceed $250,000.