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The Turley & Mara Law Firm, APLC

Do You Need to Collect California Workers' Compensation Death Benefits?

“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure do also. I always use plain English, with no sugarcoating no B.S. lawyer talk, and no double talk - just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” -Bill Turley

Work Injury Attorney California Workers Compensation Lawyer

The First Step

When handling your work injury case, nothing matters more than the honest truth. Nothing. You must be straightforward and honest about your case. I have seen many instances where a client will sugarcoat their injury and the courts throw out the case. Why? All because they were not honest from the get-go.

The Next Step

If you've been injured on the job, you probably have a ton of questions. I understand. You are concerned about your family and your livelihood. My suggestion is the next step you should take before anything else is to read my book, Win Your Injury Case. I wrote it to help folks like you, good people who got hurt on the job. You can order a free copy and I will cover the shipping too.

Death Benefits Under California Workers' Compensation Laws

If your family member was killed while on the job, you are understandably concerned about your family’s future.  You will have questions concerning the California workers’ compensation benefits which you and your family are entitled to. Our California Workers' Compensation Death Benefits Lawyers will give you straight up advice about your legal rights.

If a worker dies as a result of a work injury, his or her dependents are entitled to a death benefit under California’s workers’ compensation laws.  Coverage for funeral costs is also included.

Under California workers’ compensation law, death benefits are payments to a spouse, children or other dependents if an employee dies from a work-related injury or illness. This includes reasonable burial expenses, not exceeding $5,000 for injuries before Jan. 1, 2013 and $10,000 for injures on or after Jan. 1, 2013.

You should know, the amount of the death benefit depends on the number of total and/or partial dependents.

Here are the rules: in the case of one or more totally dependent minors, after payment of amounts specified below, death benefits will continue until youngest minor's 18th birthday (disabled minors receive benefits for life). Death benefits are not paid in one lump sum payment. Instead, they are paid out by the week. Death benefits are paid at the total temporary disability rate, but not less than $224.00 per week. Although, you may be able to negotiate a lump-sum payment.

The exact amount of the death benefit will depend on the date of the original injury, the number of surviving dependents, and whether the surviving dependents were totally or just partially dependent on the deceased injured worker.

For injuries occurring on or after January 1, 2006, the maximum allowable death benefit is summarized as follows: 

One total dependent: $250,000
Two total dependents:   $290,000
Three or more total dependents:   $320,000

Do you have a third party work injury case?

As you can see, California workers’ compensation benefits are very unfair. This is why you need to explore whether you or your family has a viable third party work injury case. We can help give you peace of mind.

For immediate assistance, call us now.

(619) 234-2833

Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley

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