Legal Help for Families After a Work-Related Death
When a loved one dies from a work-related injury or illness, the emotional devastation is immediate — and the financial consequences can be just as severe. Funeral costs, lost income, and long-term support for dependents often leave families unsure where to turn.
In California, the workers’ compensation system provides death benefits to support surviving spouses, children, and other dependents. But these claims are complex, time-sensitive, and often contested by insurance companies.
At Employees First Labor Law, we help families get justice and compensation after tragedy strikes. You don’t have to go through this alone — we’re here to fight for you.
👉 Click here to speak with our Workers’ Comp team now
👉 Explore our Workers’ Compensation page for more information
⚖️ What Is a Workers’ Comp Death Claim?
Under California Labor Code §§ 4700–4709, if a worker dies due to a job-related injury, illness, or exposure, their dependents may file a claim for workers’ compensation death benefits. These benefits are designed to:
- Pay for funeral and burial expenses
- Provide ongoing financial support to eligible dependents
- Compensate families for the loss of household income
A death is considered work-related if:
- The fatal injury or illness occurred on the job
- The death resulted from cumulative trauma or occupational disease
- A prior accepted workers’ comp claim worsened and led to death
Even if the worker had pre-existing conditions, a claim may still be valid if the job contributed to or accelerated the death.
💰 What Benefits Are Available in a Workers’ Comp Death Claim?
1. Burial Expenses
The employer’s insurance must pay up to $10,000 for reasonable burial costs.
2. Death Benefits for Dependents
Financial support is provided to the deceased worker’s total or partial dependents, including:
- Surviving spouses
- Minor children (under 18)
- Adult children who are disabled
- Other family members (in some cases)
2025 Maximum Benefit Amounts:
| Number of Dependents | Total Death Benefit |
|---|---|
| 1 Total Dependent | $320,000 |
| 2 Total Dependents | $375,000 |
| 3 or More Dependents | $420,000 |
Payments are made in weekly installments, similar to temporary disability benefits, and may continue for years, depending on the age and dependency status of the survivors.
👉 Use our loss calculator to estimate benefits
🧍♀️🧍♂️ Who Can File a Death Claim?
Eligible parties typically include:
- A spouse who was financially dependent on the deceased worker
- Minor children living with or supported by the worker
- Adult children who are disabled and unable to work
- Parents, stepchildren, or siblings in cases of proven dependency
To qualify, the family must prove that the deceased provided at least 50% of the survivor’s financial support — or lived in the same household.
⏳ How Long Do You Have to File a Death Claim?
Time limits for filing are strict:
- Within one year of the worker’s death
- Within 240 weeks of the original injury date (if death was delayed)
Missing these deadlines may result in a permanent loss of benefits — so it’s critical to act quickly and consult a lawyer as soon as possible.
🔍 How Do You Prove the Death Was Work-Related?
Insurance companies often dispute or delay death claims, arguing:
- The death was caused by non-work-related medical issues
- The job wasn’t the “substantial contributing factor”
- The claim is barred by procedural timelines
At EFLL, we build a strong case by:
- Collecting medical records and autopsy reports
- Interviewing coworkers and eyewitnesses
- Consulting independent medical experts
- Analyzing job duties, exposure, and employer conduct
- Reviewing any prior injury or accepted workers’ comp claims
In cases involving toxic exposure, heart attacks, strokes, or stress-related deaths, this evidence is key to overcoming the insurer’s objections.
🛠️ Common Examples of Work-Related Deaths We Handle
- Construction site falls, electrocutions, or equipment malfunctions
- Fatal car accidents while driving for work
- Heart attacks or strokes triggered by job stress or physical strain
- Fatal COVID-19 exposure or occupational diseases (e.g., mesothelioma)
- Workplace violence or unsafe working conditions
- Denied medical treatment that led to worsening and death
Each case is unique — and EFLL will conduct a thorough investigation to uncover the truth and demand accountability.
🤝 Why Choose EFLL for a Workers’ Comp Death Claim?
- ✅ No fees unless we win
- ✅ Full legal and medical support
- ✅ Multilingual team available
- ✅ Proven results and compassionate advocacy
We understand the emotional and financial burden a workplace death places on families — and we’ll handle the legal fight so you can focus on grieving and healing.
📞 Contact Us Today for a Free Case Review
If you lost a loved one due to a work-related injury or illness, don’t navigate this process alone. Let Employees First Labor Law guide your family toward the justice and compensation you deserve.
📞 Call now or
📩 Schedule a confidential consultation
We’re here for you — with compassion, experience, and the strength to stand up to any employer or insurance carrier.
