The loss of a loved one due to COVID-19 contracted at work can leave families devastated emotionally and financially. Employers have a responsibility to provide a safe working environment, and when they fail, workers and their families deserve justice. If your loved one died from COVID-19 due to workplace exposure, you may qualify for workers’ compensation death benefits or a wrongful death claim. At Ochoa & Calderón, we help families secure the benefits and compensation they deserve.
How Workers’ Compensation Covers COVID-19 Deaths
California workers’ compensation law ensures employees and their families receive benefits for work-related injuries or illnesses. COVID-19 is included under these protections. If an employee contracts the virus at work and dies, their family members may be eligible for death benefits, which include:
- Weekly payments: Equal to two-thirds of the deceased worker’s average weekly wages.
- Burial expenses: Coverage up to $10,000 for reasonable funeral costs.
Employers or insurance companies may challenge claims by asserting that the virus was contracted outside of work. Consulting an experienced attorney strengthens your case and helps ensure that your family receives the full benefits you are entitled to.
Eligibility for Workers’ Comp Death Benefits
Death benefits are typically provided to dependents, including:
- Spouses who earned less than $30,000 annually.
- Children under 18 or adult children with disabilities.
- Other dependents, such as parents or siblings, who relied on the worker for financial support.
Proving workplace exposure to COVID-19 can involve demonstrating compliance with California’s presumption laws. These laws assume workplace exposure if the employee worked during an outbreak or in high-risk fields like healthcare, firefighting, or law enforcement.
Wrongful Death Claims for COVID-19 at Work
Workers’ compensation benefits often serve as the primary remedy for work-related deaths. However, under certain circumstances, families may pursue a wrongful death lawsuit against third parties whose negligence contributed to the worker’s death. Examples include:
- Manufacturers of defective personal protective equipment (PPE) that failed to prevent exposure.
- Contractors or vendors who introduced unsafe conditions to the workplace.
- Customers or visitors whose actions led to exposure.
Wrongful death claims may provide additional compensation for losses such as pain and suffering, loss of companionship, and future income. Consulting an experienced attorney ensures you explore all legal options available to your family.
Steps to Take After a COVID Death at Work
- Document the Case: Collect medical records, workplace exposure details, and any employer communication regarding safety measures.
- File a Workers’ Compensation Claim: Submit your claim promptly to avoid missing deadlines.
- Consult a Lawyer: An attorney can help assess whether a wrongful death claim or additional legal action is warranted.
FAQs About COVID Death at Work
What benefits can families receive after a COVID-related workplace death?
Eligible dependents may receive weekly death benefit payments, funeral expenses up to $10,000, and in some cases, additional compensation through wrongful death claims.
How do I prove that COVID-19 exposure occurred at work?
California law provides a presumption for certain cases, such as when an outbreak occurs or the worker served in a high-risk occupation. An attorney can gather evidence to strengthen your claim.
Can I sue my loved one’s employer for COVID-related death?
Workers’ compensation laws often shield employers from lawsuits. However, you may sue third parties or employers guilty of willful misconduct. An attorney can help assess your options.
Are wrongful death claims limited to certain industries?
No, wrongful death claims apply across all industries if third-party negligence contributed to the worker’s death. Examples include faulty PPE or hazardous workplace conditions.
How long do I have to file a COVID death claim?
In California, families generally have one year to file a workers’ compensation claim and two years for wrongful death lawsuits. Acting quickly ensures you meet critical deadlines.
Contact Ochoa & Calderón for Expert Legal Assistance
Dealing with the loss of a loved one is challenging enough without navigating complex legal systems. Ochoa & Calderón provides compassionate and effective legal support for families pursuing COVID death at work claims. Call 951-901-4444 in Riverside or 844-401-0750 toll-free across Southern California, or contact us online for a free consultation. Learn more about related services, such as workers’ compensation claims and wrongful death.
