Wrongful Death — A Death as a Result of a Workplace Accident?

Introduction:

Wrongful death is an unfortunate incident that can occur in any workplace. When an employee loses their life as a result of work-related injuries, the family of the deceased might be entitled to compensation under California workers compensation wrongful death law. This paper aims to provide a comprehensive analysis of California workers compensation wrongful death law. The paper will explore the criteria for filing wrongful death claims, the types of compensation covered, and the procedures for claiming compensation.

Criteria for Filing Wrongful Death Claims:

In order to file a wrongful death claim in California, the surviving family members must meet the following criteria:

1. The death of the employee must have occurred as a result of work-related injuries or illness.

2. The surviving family members must be legally recognized under California law as eligible claimants. This includes the surviving spouse, children, and/or dependents.

3. The claim must be filed within the statutory time frame, which is one year from the date of death.

Types of Compensation Covered:

The California workers compensation wrongful death law provides the following types of compensation to eligible claimants:

1. Funeral and Burial Expenses – The employer is responsible for paying for reasonable funeral and burial expenses up to a certain limit.

2. Death Benefits – The surviving spouse is entitled to receive death benefits for the rest of their life or until they remarry.. If the deceased worker has children, the spouse will receive additional benefits for each child that is under the age of 18.

3. Dependents Benefits – If the deceased worker has dependent children or other dependents, they will be entitled to receive benefits until they reach the age of 18 or become self-supporting.

Procedures for Claiming Compensation:

The procedures for claiming workers compensation wrongful death are similar to those for filing regular workers’ compensation claims. Families of the deceased must first file out the “Application for Adjudication of Claim” form (Form DWC-1) with the California Workers’ Compensation Appeals Board. Once the form has been filed, the family can proceed to file a workers’ compensation claim with the employer.

If the employer denies the claim, the family can petition the California Workers’ Compensation Appeals Board for a hearing. The board will review the claim and make a decision based on the evidence presented.

Conclusion:

In conclusion, the California workers compensation wrongful death law provides for compensation to families of workers whose death was related to work-related injuries or illness. The criteria for filing wrongful death claims, types of compensation covered, and procedures for claiming compensation have been discussed in this paper. It is advised that families of deceased workers consult with an attorney to help navigate the process and ensure that they receive the maximum benefits they are entitled to under the law.

Citations:

– California Department of Industrial Relations. (2019). Workers’ Compensation in California: A Guidebook for Injured Workers. Retrieved from https://www.dir.ca.gov/Injure…/InjuredWorkerGuidebook.html

– Workers’ Compensation Appeals Board. (2008). Employee’s Guide to the Workers’ Compensation System in California. Retrieved from https://www.dir.ca.gov/dwc/EmployeeGuide.htm

– Office of the Attorney General. (2010). California Workers’ Compensation Law: A Guidebook for Injured Workers. Retrieved from https://oag.ca.gov/sites/all/files/agweb/pdfs/comp.pdf

Eduard Braun, ESQ
Law office of Eduard Braun, P.C.
877-533-4529
www.ebraunlaw.com