If you have lost a loved one and are mourning the loss, you may be wondering about how workers compensation death benefits California claims work. Children (including adopted children and step children), spouses both husband and wife, siblings brothers and sisters, parents mom and dad, grandparents grandmother and grandfather, aunts and uncles, nephews and nieces, in-laws, and more can potentially be entitled to workers compensation benefits for death in the state of California. Even unmarried couples, divorced couples, girlfriends and boyfriends, and other types of relationships may be entitled to compensation as well under many circumstances. At CaliforniaLaw.com, we have experience dealing with many wrongful death cases as well as death benefit workers comp cases. So in this page we will be presenting some very important information that you should be well aware of.
Workers compensation death benefits California become important when a family member or loved one passes away from an injury that occurred at the workplace. The family members and dependents of the deceased individual that have in most cases been financially relying on the income of the now deceased person, may in many cases be entitled to death benefits as a form of compensation based on the burial expenses and the amount of financial support they were receiving from the deceased worker when he or she was still alive
Our deepest condolences if you or a loved one have lost someone in catastrophic injury or death workers compensation injury. We are experienced attorneys on your side.
If you have lost someone due to a death or catastrophic workers compensation injury resulting in that person passing away, you may be entitled to a workers comp settlement after death type of claim for workers compensation death benefits California claims.
We can even come to your home or office to meet with you. We handle cases in all cities of California. Even if you are located outside of California, we may still be able to help in many situations.
I am top attorney Jimmy Hanaie, founding attorney of the law firm, and I have extensive experience with wrongful death and death benefits cases. I would like to speak about how it works to give you a better idea of your legal rights. There are several important factors that play a major role in determining what rights you may be entitled to. Two of the biggest factors are your relationship and connection with the worker who is now passed away and deceased as well as the financial support that he or she was providing you with.
Many people find it extremely weird that the calculation for death benefits is so heavily focused on the financial support that the deceased worker was providing. We do not tend to measure our love for our family members, spouses, children, and other dependents by the amount of income and financial support they provide us with. However, under the workers compensation laws, it plays a significant role in the calculations. Many people find that disturbing or very weird at the least. In the next few paragraphs I will explain how it all makes sense.
Under the California labor code, there are two distinct level of dependents. These include “total dependents” and “partial dependents.” It is important to get a clear understanding of which type of dependent you are. Usually in order to make these determinations they look to the relationship as it was during the time when the injury occurred instead of looking at the relationship status at the time of the person’s death.
In some situations the injured worker may have passed away on the spot right away, but in other situations the worker may have been severely injured but might have not passed away right away. In situations where the injured worker did not pass away right away, it is usually the case that that workers life is turned upside down and it may put a toll and impact on their relationships and family ties. For example, divorces can occur, financial support may be reduced, and many other things can happen after a person gets severely injured. For that reason courts typically look at the relationship as it was at the exact time when the injury occurred in order to determine the constructs of the relationship. That is because they generally don’t want to include the effects that the injury had on the relationship.
You may have loved your spouse very much and been very close to your spouse. However, even spouses can be considered deemed to be just “partial dependents” in some circumstances. In other situations, the spouse may be deemed as a total-dependent. Whether you are a partial dependent spouse or a total dependent spouse has a major impact on the financial outcome of the case. In determining whether the spouse is a partial dependent or the spouse is a total dependent has to do with the amount of income of the surviving spouse (the spouse that is still alive). This is probably because if the surviving spouse was earning enough income by them self it is unlikely that the surviving spouse was actually so dependent on the financial support of the deceased spouse. That is because the surviving spouse was probably able to financially support himself or herself with their own high income.
In addition, even if you were not married to the deceased worker, if you were part of the household of the deceased worker you may still have a strong workers compensation death claim. In most situations, being “part of the household” means that you were living with the deceased worker at the time the injury took place. However, cases depend on the facts, and the specifics of each case must be scrutinized carefully by an actual attorney to get the most up to date information.
Children (including adopted children and step children) as well as nieces and nephews and in-laws and others may be potentially entitled to workers death compensation benefits. In most cases, if the deceased worker has a child, that child will generally get paid workmans comp benefits until that child becomes adult age (which is currently 18 years old as the time of this post).
We have experience representing minors in death benefit and other legal cases. It is extremely sad and unfortunate when a baby, toddler, or child loses their father or mother or guardian at such a young age. The courts understand this as well and generally want the child to be in the best circumstances possible under the law. The law generally allows the child to be financially supported until he or she becomes an adult. Depending on the workers compensation case specifics and the facts of the exact case and parties decisions the child may receive compensation upon becoming an adult as well which can in many cases be used for the child’s college education or other expenses.
If there are no “total dependents,” there may still be “partial dependents.” Even if your case has been turned down by other lawyers, you may still have a case. It is important to act quickly because there are statute of limitations deadlines for workers compensation death benefits California cases. You should always get a second consultation or free case evaluation. We would love to speak to you and encourage you to contact us. We know how difficult it can be to lose a loved one and we are by your side. At CaliforniaLaw.com, we stand for the people of California and fight for them.
Yes, it is completely free to call us or message us for a free consultation & free case review and evaluation. We only get paid when you win. So contact us now and speak with an experienced Workers Compensation Death Benefits California lawyer today 24/7.