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Santa Clara County workers compensation attorney death benefits

Losing a relative in an unexpected work accident is a devastating experience to go through. If your spouse has recently passed away due to injuries he or she sustained on the job, you may still be figuring out what to do next. In the midst of your grief, you may also be trying to determine how you will make ends meet without your loved one’s financial support. In California, if a worker is injured in an on-the-job accident, the worker is typically entitled to financial compensation through workers’ compensation. If an employee is killed in a work accident, the worker’s dependents are usually entitled to compensation called death benefits. However, obtaining the compensation you need and deserve after losing a loved one in a work accident is often more complicated than many expect.

Workers’ Compensation Death Benefits in California

The compensation available can be for family members who were totally or partially financially dependent on the deceased worker. Some individuals are considered total dependents of the deceased worker. Minor children, disabled adult children, and surviving spouses with an annual income under $30,000 are automatically considered totally dependent on the worker. Stepchildren, spouses who make above the income threshold, grandchildren, parents, siblings, and other family members may qualify for death benefits. However, they will need to provide evidence that shows that they were partially or totally dependent on the deceased worker.

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