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Are a worker's dependents entitled to workers' compensation?

Workers who are injured on the job are usually entitled to file workers' compensation claims to recover receive their lost wages, have their medical expenses paid and receive payment in the event of a permanent disability. If the injuries suffered by a work accident victim are severe enough to result in the worker's death, benefits might be available for the individual's spouse, children and other dependents under the workers' compensation laws in California.

A construction site accident or an occupational disease caused by unsafe working conditions may entitle the dependents of a deceased worker to workers' compensation benefits. Death benefits are at least $224 payable each week, but the payments could be more. There is also a burial allowance of $10,000.

Weekly death benefits are paid at the rate that would have been paid to the worker had he or she suffered a total temporary disability. The exact amount of the weekly payments depends upon the number of dependents who are entitled to receive them. The total maximum payment amount for one dependent is $250,000. It increases to $290,000 for two dependents and $320,000 for three or more dependents.

If a deceased worker's dependents are children, they receive benefits until each they reach their eighteenth birthday. Disabled children are entitled to continue to receive death benefits for the rest of their lives.

An application for workers' compensation death benefits must be filed within a specific period of time from the date of the victim was injured on the job or from the date of death. The calculation of the deadline for filing a claim depends upon the circumstances surrounding the victim's death. This blog posting is not offered as legal advice and should not be relied upon as such. An Orange County workers' compensation attorney is a good source of legal advice in order to avoid missing the deadline for filing.

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Law Offices of William W. Green & Associates
505 S. Villa Real
Anaheim, CA 92807

Phone: 714-464-6903
Toll Free: 866-543-7598
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