Helping Surviving Family Members After A Wrongful Death
If your loved one was killed on the job, you may be entitled to additional workers’ compensation benefits. In California, a person’s dependents can receive benefits for a death due to workplace injuries. It is in your best interest to speak to an experienced attorney who can help guide you through the workers’ compensation system. At the Law Offices of Hinden & Breslavsky, APC, our Los Angeles wrongful death lawyers have been serving clients throughout the state since 1974. We offer compassionate and personalized legal counsel, coupled with aggressive advocacy and a tireless dedication to our clients.
Who Is Entitled To Death Benefits In California?
California workers’ compensation laws only allow certain individuals to recover compensation when their loved one is killed in a work-related accident or as a result of on-the-job injuries. Generally speaking, only the deceased’s dependents can recover death benefits.
Depending on the situation, dependents can include:
- Children (biological or adopted)
- Cohabiting partners
Some family members are automatically considered dependents. These family members include:
- Children who are under the age of 18
- Adult children who are not able to earn a living due to being physically or mentally incapacitated
- A surviving spouse who earned $30,000 or less in the 12 months before their loved one’s death
According to the Cal. Labor Code §§ 3501-3503 (2020), other family members can qualify as dependents, but this can be complex. They may need to gather evidence to prove that they were completely dependent on their loved one for financial support. You should work with a caring, experienced lawyer to make certain the benefits go to the people who need them most.
How Long Do I Have To File A Wrongful Death Claim In California?
According to the Cal. Labor Code § 5406 (2020), a wrongful death claim must be made within one year of your loved one passing and no more than 240 weeks after a fatal injury is incurred. Some circumstances can extend or shorten the amount of time you have to file a claim.
If you are unsure of how long you have to file a claim, an attorney from our firm can help you. Contact our firm today to discuss the details of your case with an experienced member of our team during a free, no-obligation consultation.
We Are Here To Help You
Our team of Los Angeles wrongful death attorneys, hearing representatives and support staff are dedicated to helping clients get their lives back on track. We understand the immense challenges you and your family are up against, and we are here to help ease your stress and remove some of your burdens. While no legal action can undo the suffering you are going through, workers’ compensation death benefits can help with some of the unanticipated financial consequences of your loved one’s death, allowing you to focus on what matters: healing.