California Workers’ Comp Death Benefits
Lost a loved one because of a work injury or illness? Your family may be owed death benefits, funeral costs and ongoing support for children. Talk to an attorney for free. You pay nothing unless we recover benefits.
Who qualifies for death benefits?
Death benefits go to dependents: the people who relied on the worker’s income for support. There are two kinds:
- Total dependents relied on the worker for all or nearly all of their support.
- Partial dependents received real support from the worker but also had other means.
Spouses, children, parents, and other relatives or household members can all qualify, depending on how much support they actually received. Dependency is generally judged by the facts as they stood on the date of the injury, not the date of death.
Are a spouse and children automatically counted as dependents?
Often, yes. California law presumes certain family members are total dependents, so they do not have to prove how much support they received:
- Children under 18 who lived with the worker, or whom the worker was legally obligated to support (for example, through a child support order), even if they lived elsewhere.
- Children of any age who are physically or mentally unable to earn a living (a Social Security disability finding can establish this).
- A spouse who was married to the worker at the time of death and earned $30,000 or less from work in the 12 months before the death. Pensions, Social Security and investment income do not count toward that $30,000.
Adopted children are covered, and the Appeals Board has extended this protection to stepchildren who lived in the home and were raised by the worker. A child is presumed dependent on each parent, so a child who loses both parents in the same work accident can receive two benefits.
What if we weren't married, or I'm not a "presumed" dependent?
You can still qualify by showing the actual support you received. An unmarried partner, a parent supported by an adult child, a grandchild, or another household member can prove total or partial dependency with evidence such as shared bank accounts, rent and household bills paid by the worker, and testimony about how the household ran. Immigration status does not affect a family’s right to death benefits.
How much is the death benefit in California?
The amount is set by law based on the number and type of dependents, not on how much the worker earned. For injuries on or after January 1, 2006:
| Dependents | Death benefit |
|---|---|
| One total dependent | $250,000 |
| Two total dependents | $290,000 |
| Three or more total dependents | $320,000 |
| One total dependent plus partial dependents | $250,000 plus 4 times the yearly support given to the partial dependents, up to $290,000 |
| Partial dependents only | 8 times the yearly support the worker gave them, up to $250,000 |
Injuries before 2006 have lower amounts. The date of the injury controls, not the date of death, so a worker hurt years ago who dies now may fall under an older schedule.
Do children get more than the standard amount?
Yes. If the worker leaves a totally dependent minor child, payments do not stop when the standard amount is used up. They continue until the youngest child turns 18. If a child is physically or mentally unable to earn a living, payments can continue for that child’s entire life. For police officers and firefighters killed in the line of duty, payments can continue to age 19 while a child finishes high school.
How is the death benefit paid?
Death benefits are normally paid every two weeks, at the same rate the worker would have received for temporary disability: two-thirds of the worker’s average weekly earnings, within the state’s minimum and maximum. For 2026 injuries that range is $264.61 to $1,764.11 per week. If the family needs more, the Workers’ Compensation Appeals Board can order a higher weekly amount, up to the maximum. A lump sum is possible through a settlement or an order approved by a workers’ compensation judge.
The death benefit is paid in addition to any disability payments the worker was owed but had not received before death.
Does workers' comp pay for the funeral?
Yes. The employer’s insurer must pay reasonable funeral and burial or cremation costs, up to $10,000 for injuries on or after January 1, 2013 (up to $5,000 for injuries from 1991 through 2012). This is separate from the death benefit. It is owed even if there are no dependents, and a private burial insurance policy does not reduce it. Keep every funeral invoice and receipt.
What is the deadline to file a death claim?
In most cases you must file within one year of the date of death, and no later than 240 weeks (about 4.6 years) after the date of the injury. Both limits apply. If the worker died more than a year after the injury and had been receiving benefits, the one-year clock can run from the last benefit payment, but never more than one year after death.
There are exceptions. Deaths from asbestos disease have one year from the date of death with no 240-week limit, and similar rules apply to certain health care and public safety workers who die of work-related HIV. Deadlines can also be paused for minors. Because these rules are technical and missing them can end the claim, talk to a lawyer as soon as possible.
What should our family do first?
- Request and file a claim form (DWC-1). The employer must give dependents a claim form within one working day of learning of a work-related death.
- Keep records: the death certificate, autopsy or coroner’s report, funeral receipts, pay stubs, tax returns, and anything showing the household budget and who paid what.
- Don’t sign anything from the insurance company, including a settlement or a statement about dependency, until you understand your rights.
- Call a workers’ compensation attorney. Insurers have lawyers and adjusters working the claim from day one. Your family should have someone on its side too.
Once the claim form is filed, the insurer has 90 days to accept or deny it. If it does not deny the claim within 90 days, the death is presumed to be work-related.
What if the insurance company denies the death claim?
A denial is not the final word. The insurer must send a written denial with its reasons, and the family can file an Application for Adjudication with the Workers’ Compensation Appeals Board and ask a judge to decide. Most disputes come down to medical evidence on whether work caused or contributed to the death, or to proof of dependency. An attorney can obtain medical-legal evaluations, gather records and witnesses, and present the case.
What if the cause of death isn't clear, like a heart attack at work?
The family does not have to prove work was the only cause, just that it was a contributing cause. A death qualifies when work stress, physical strain, toxic exposure, or a work injury hastened or aggravated a condition the worker already had, such as heart disease. The California Supreme Court has upheld benefits where work contributed only a small part to a death. Certain police officers and firefighters also have a legal presumption that heart trouble is work-related.
When a worker dies alone on the job and no one knows exactly what happened, the law gives the family a helping hand: if the circumstances point to the job, it can be up to the insurer to prove the death was not work-related. A death months or even years after the original injury can also qualify, if the injury led to it.
Can a family get death benefits if the death was a suicide?
Sometimes. California law generally bars benefits for suicide, but courts have long recognized an important exception: if a work injury, such as chronic pain, a brain injury, or work-related depression, led to an irresistible impulse that caused the suicide, the death can be compensable. These cases depend on expert psychiatric evidence, so it is important to get legal help early. Where it is unclear whether a death was an accident or a suicide, judges have often treated it as an accident.
What happens if the worker had no dependents?
If no one qualifies as a dependent, the insurer pays the death benefit (the one-dependent amount, $250,000 for injuries since 2006) to the State of California instead of to the family. But if anyone qualifies even as a partial dependent, such as a parent who received regular help, nothing goes to the state, so it is worth having a lawyer look closely. Funeral costs are still reimbursed, and any benefits the worker was owed before death go to the estate or heirs.
Can the family sue the employer, or someone else?
Usually workers’ compensation is the only remedy against the employer, even if the employer was careless. There are exceptions, including when the employer was illegally uninsured. If the employer’s serious and willful misconduct caused the death, the family’s compensation can be increased by one half.
Families can often sue third parties: anyone other than the employer whose negligence caused the death, such as a negligent driver, the maker of defective equipment, a property owner, or another contractor on the job site. A wrongful death lawsuit can recover losses that workers’ comp does not cover. We will review whether a third-party claim exists alongside the workers’ comp case.
How much does a lawyer cost for a death benefits case?
Workers’ compensation attorney fees in California are approved by a judge and paid as a percentage of the benefits recovered, usually around 15%, so there is nothing to pay up front and no fee unless we recover benefits for your family.
Talk to us about your loss
A workers’ compensation death claim can be one of the hardest conversations a family will ever have. You have suffered a loss that no amount of compensation can make right. But it is important to know that your family is entitled to benefits, and we are here to help you get them.
Call (951) 677-8064 for a free, confidential consultation. We serve families throughout Riverside, San Bernardino, Orange, Los Angeles, San Diego and Ventura counties.
This page provides general information about California workers’ compensation law and is not legal advice for any specific situation. Every case is different.
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