How Are Workers’ Compensation Death Benefits Paid?By Kenton Koszdin on July 11, 2018 | In Construction Accidents
The Kenton Koszdin Law Office provides assistance in ensuring that all applicants and recipients receive all of the benefits to which they are entitled in Social Security Disability and workers’ compensation cases. Today’s blog discusses the dependents of a deceased worker who may be eligible for death benefits in California workers’ compensation cases.
Workers’ compensation death benefits are typically paid out over time in installment payments as temporary total disability benefits would be paid but in an amount not less than $224 per week. The payable death benefit includes reasonable burial expenses, not exceeding $5,000 for injuries before Jan. 1, 2013 and $10,000 for injuries on or after Jan. 1, 2013. The amount of the death benefit is based on the number of total and/or partial dependents.
|Dates||Burial expenses||1 total dependents||2 or more total dependents||3 or more total dependents||1 total plus 1 or more partial dependents||1 or more partial dependents|
|For injuries on or after Jan. 1, 2013||$10,000||$250,000||$290,000||$320,000||$250,000 plus four times annual support for partial dependents not to exceed $290,000||Eight times annual support not to exceed $250,000|
|For injuries prior to Jan. 1, 2013||$5,000||$250,000||$290,000||$320,000||$250,000 plus four times annual support for partial dependents not to exceed $290,000||Eight times annual support not to exceed $250,000|
If there are two or more total dependents, the amount of the death benefit will be equally split between them. In the case of one or more totally dependent minors, after the payment of specified amounts, death benefits continue until the youngest minor’s 18th birthday. Note that disabled minors receive death benefits for life. Additional money may be awarded when there are eligible partial dependents, but partial dependents will only receive death benefits if there are none or just one total dependent.
If you have questions about workers’ compensation benefits, including death benefits, The Kenton Koszdin Law Office can answer them. We help the residents of the San Fernando Valley obtain Social Security disability and workers’ compensation benefits! We offer free office and in-home consultations at your complete convenience. Call 800-438-7734 or visit us online. Se habla espańol!