Workers’ Compensation Death Benefits
If you have lost a loved one due to a work-related injury or illness in California, you may be entitled to workers’ compensation death benefits. At Ochoa & Calderón, we understand the emotional and financial toll that such a loss can take on a family. Our compassionate and experienced team is dedicated to helping you navigate the complex process of securing the benefits you deserve. Learn about death benefits in California workers’ compensation claims below, and contact our office to speak with a compassionate and dedicated Riverside workers’ compensation lawyer.
What Are Workers’ Compensation Death Benefits?
Workers’ compensation death benefits are financial payments made to the dependents of a worker who has died from a work-related injury or illness. These benefits are designed to provide financial support to the deceased worker’s family, covering expenses such as funeral costs and providing ongoing financial assistance.
Who Is Eligible for Death Benefits?
In California, the following individuals may be eligible for workers’ compensation death benefits:
- Spouses or Domestic Partners: The deceased worker’s legal spouse or registered domestic partner is typically eligible for benefits.
- Children: Dependent children, including biological, adopted, stepchildren, and minors in the worker’s custody, may be eligible.
- Dependent Relatives: In some cases, other relatives such as parents, siblings, or grandchildren who were financially dependent on the worker may also qualify.
What Benefits Are Available?
The benefits available to eligible dependents may include:
- Burial Expenses: A fixed amount is provided to cover funeral and burial costs.
- Financial Support: The amount of financial support varies based on the number of dependents and their relationship to the deceased worker. This support is typically provided in the form of periodic payments.
- Medical Expenses: In some cases, the costs of medical treatment for the injury or illness that led to the worker’s death may be covered.
How to File a Claim for Death Benefits
Filing a claim for workers’ compensation death benefits involves several steps:
- Report the Death: Notify the employer of the worker’s death as soon as possible.
- Obtain a Claim Form: Request a claim form (Form DWC-1) from the employer or the workers’ compensation insurance carrier.
- Complete the Claim Form: Fill out the form with details about the deceased worker, the dependents, and the circumstances of the death.
- Submit the Claim: Submit the completed form to the employer or the insurance carrier.
- Seek Legal Assistance: Navigating the claims process can be complex. It’s advisable to seek the guidance of an experienced workers’ compensation attorney.
How Can Ochoa & Calderón Help?
At Ochoa & Calderón, our dedicated team specializes in workers’ compensation claims, including death benefits. We can assist you by:
- Evaluating Your Eligibility: We’ll help determine if you and other family members are eligible for death benefits. This may include proving the death was work-related, which can be challenging in more complicated cases or where there are facts in dispute.
- Guiding You Through the Process: We’ll guide you through each step of the claim process, ensuring that all necessary documentation is submitted correctly.
- Advocating for Your Rights: If your claim is disputed or denied, we’ll fight to protect your rights and secure the benefits you’re entitled to.
Contact Us for Compassionate Legal Support After the Death of a Loved One in a Riverside Workplace
Losing a loved one is never easy, and the financial implications of such a loss only add to the burden. If your family is facing the aftermath of a family member’s work-related death, contact Ochoa & Calderón for compassionate and effective legal support. We’re here to help you navigate the workers’ compensation system and secure the death benefits you need during this difficult time.
