Fatal Workplace Injury / Workers’ Compensation Death Benefits Attorney in Van Nuys, CA
The death of a worker due to a workplace injury or occupational illness entitles eligible surviving dependents to workers’ compensation death benefits, including burial expenses and ongoing payments based on the number and type of dependents. If a party other than the employer — such as a negligent driver, contractor, or equipment manufacturer — contributed to the death, the family may also have a separate civil wrongful death claim outside the workers’ compensation system.
Key Points
- Death benefits are paid to eligible dependents — typically a spouse, minor children, or other dependents who relied on the worker’s income
- A statutory amount is available for burial expenses, separate from the ongoing dependency benefit
- The total benefit amount and duration depend on the number of total and partial dependents
- A workers’ compensation death claim does not prevent a separate wrongful death lawsuit against a negligent third party who isn’t the employer
Considerations
- Identifying every potentially liable third party early is important, since civil claims have their own, often shorter, filing deadlines
- Disputes can arise over who qualifies as a dependent and in what proportion benefits should be divided among multiple dependents
- An employer or insurer may dispute that a death was work-related, particularly for deaths from illness or a delayed medical cause rather than a sudden accident
California Law Note
Workers’ compensation death benefits and burial allowances are set by statute (Labor Code § 4701–§ 4702) and are separate from, and do not reduce, any wrongful death recovery against a non-employer third party.
Related Questions
How do I know if my injury is covered by workers’ compensation?
Most injuries and illnesses connected to your job duties are covered, whether from a single accident or from repeated activity over time (cumulative trauma). Coverage questions are fact-specific — the most reliable way to find out is a free case evaluation, where the facts of how and when the injury happened can be reviewed directly.
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