What are Death and Dependency Benefits in California?

When a worker dies from a job-related injury or illness, California’s workers’ compensation system provides financial assistance to the worker’s surviving dependents. These death and dependency benefits are designed to ease the economic burden on families who relied on the worker’s income.

Contact our Orange County workers’ comp lawyer to discuss your legal options. Schedule a free consultation today.

Who Qualifies as a Dependent?

California law recognizes two types of dependents: total and partial.

• Total Dependents: Individuals who relied entirely on the deceased worker’s earnings. This typically includes minor children under age 18, adult children who are disabled and unable to earn a living, and sometimes a spouse who was fully financially dependent.
• Partial Dependents: Family members who received some financial support from the worker but were not fully reliant on their income. Examples may include parents, siblings, or extended family members.

Dependency status is determined at the time of the worker’s injury, not at the time of death.

What Benefits Are Available?

Death and dependency benefits in California provide two key forms of financial support:

Death Benefit Payments

Dependents receive weekly payments based on the worker’s wages. The total amount depends on the number of dependents:

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

Partial dependents may share in benefits if there are no total dependents, or they may receive a portion of benefits depending on the level of support they received. Payments are typically issued in the same manner as temporary disability benefits: two-thirds of the worker’s average weekly wages, subject to statewide maximums.

Burial Expenses

California law also requires employers to cover reasonable burial costs up to $10,000. This amount helps surviving families manage funeral expenses without additional financial strain.

What is the Duration of Benefits?

How long benefits last depends on the dependent’s status:

• Minor Children: Eligible until age 18.
• Disabled Adult Children: Eligible for life, if they remain unable to earn a living.
• Spouses: Eligible for benefits until they remarry.
• Other Dependents: Payments may continue until the benefit maximum is reached or until the dependent no longer qualifies.

This structure ensures ongoing financial protection for the most vulnerable family members.

How to File a Workers Compensation Claim in Orange County

The process of obtaining death and dependency benefits requires filing a claim through the employer’s workers’ compensation insurance. Steps include:

• Notifying the Employer: Report the death to the employer as soon as possible.
• Filing a Claim Form: Submit a workers’ compensation death benefits claim within one year of the worker’s death.
• Providing Documentation: Include evidence of dependency, such as financial records, birth certificates, or proof of disability for adult children.
• Insurance Review: The insurer investigates and determines eligibility and benefit amounts.

If benefits are denied or disputed, dependents may pursue the claim through the California Workers’ Compensation Appeals Board.

Why Hiring an Orange County Workers’ Compensation Lawyer Is Critical

Death and dependency benefit claims often involve complex legal issues, including disputes over dependency, wage calculations, and eligibility. Employers and insurers may challenge whether a death was truly work-related or whether a family member qualifies as a dependent. At Aegis Law Firm, our Orange County employment lawyers help families understand their rights to death and dependency benefits.