Death Benefits for the Family of Someone Who Died on the Job in CA

 Posted on May 31, 2025 in Workers' Compensation

Workers’ compensation insurance covers the financial damages incurred from a work-related injury, and when the accident results in death, family members who financially depended on the victim can claim death benefits. For many, these benefits can have a significant impact on their financial stability during an emotionally challenging time. Learn more about the availability of death benefits, and reach out to an experienced Gilroy, CA workers’ compensation attorney to discuss your case.

Who Can Collect Death Benefits from a Workers’ Compensation Claim in California?

Those who are eligible to receive death benefits through a workers’ compensation claim in California are categorized as total or partial dependents. Relatives who qualify for death benefits include:

• Surviving children, including stepchildren and adopted children

• Spouses

• Grandchildren

• Siblings and parents, including the siblings and parents of the deceased’s spouse

• Grandparents

• Aunts, uncles, nephews, and nieces

Minor children are automatically characterized as total dependents. The same is true for children over 18 with disabilities that hinder them from earning a living and a spouse who earns $30,000 or less in the year before the victim’s death. Therefore, if you are a family member of the deceased and were either partially or totally dependent on them for financial support when they died, you could be eligible for death benefits, which include burial expenses and support payments. Others who are not listed, including spouses earning more than $30,000, will have to prove that they were dependents. 

How Much Will Dependents Receive From a Workers’ Compensation Claim for Death Benefits?

According to California law, family members can receive $10,000 to cover burial expenses if the injury occurred on or after January 1, 2013. If the accident and injury occurred before that date, benefits for burial expenses are $5,000. The total value of the death benefits will depend on how many eligible dependents there are. For example, the amount for one total dependent is $250,000, and for two total dependents, it is $290,000. When there are three or more total dependents, the amount of death benefits is $320,000. 

When there is more than one total dependent, the benefits are divided equally among them. Additionally, after the payments are made, any minor children will continue to receive payments until they turn 18, or if they are disabled, they will receive them for life. These payments will not be less than weekly payments of $224. If you have questions about the value of death benefits in your case, an experienced attorney can help.

Contact a Santa Clara County, CA Workers’ Compensation Attorney Today

Losing a loved one is devastating regardless of the circumstances, but when that loss also carries significant financial consequences, getting the help you need to alleviate the monetary burden is crucial. At Cramer + Martinez, our Gilroy, CA workers’ compensation lawyers have served the area for over 30 years and helped victims of workplace accidents and their families get the compensation they deserve for more than 20 years. If you lost a family member in an on-the-job accident, call 408-848-1113 to schedule your free consultation today.