Work-Related Death in California: What Families Need to Know

Jun 24

Losing a loved one to a work-related injury or illness is a heartbreaking experience. While no amount of money can replace the loss, California’s workers’ compensation system offers financial support to dependents. It’s important to know that help is available—and you shouldn’t hesitate to speak with an experienced attorney to determine whether your family is entitled to benefits.

Leading Causes of Work-Related Deaths

According to the U.S. Bureau of Labor Statistics, the most common causes of fatal workplace injuries include:

Construction accidents
Motor vehicle crashes
Falls from structures or elevated surfaces
Agricultural and farm-related incidents

While many deaths involve clear accidents—such as a fall from a ladder—California also recognizes invisible hazards that can be just as deadly. These include:

Exposure to toxic chemicals (e.g., benzene, asbestos)
Long-term job-related stress
Chronic overwork or workplace bullying
Undiagnosed occupational illnesses

Only 1% Work Contribution Needed

Under California law, if work contributed just 1% to the death, the family is entitled to full workers’ compensation death benefits. This is true even if the worker had pre-existing health conditions.

Examples:

A heart attack at home could still be work-related if a doctor finds that job stress elevated the worker’s blood pressure or even pain.
A cancer diagnosis could be linked to long-term chemical exposure at work—even if symptoms developed after retirement.

This low threshold is meant to protect families—not deny them. Don’t assume a death isn’t work-related. A medical opinion is often needed to uncover the real cause.

Filing a Death Claim in California: Deadlines and Labor Codes

Statute of Limitations – Labor Code § 5406

You generally have 1 year from the date of date of injury, but no more than 240 weeks from date of death to file a claim.
Exceptions may apply. Even if it’s been years since your loved one passed, you may still have a valid case.

Delayed Knowledge – Labor Code § 5412

You are not considered to have “knowledge” of a work-related death until a physician confirms the cause. This rule can extend your window to file. It is an extremly covulated rule, that even many attorneys to not understand.

Key Takeaway: Talk to an EXPERT attorney. The deadline is not always what it seems. All attorneys at Lee Partners Law are certified specialists in the state of California and understand this section well which is extremly important to your case.

What Are Workers’ Compensation Death Benefits Worth?

Under Labor Code § 4702, the amount of death benefits depends on the number of total dependents:

1 total dependent: up to $250,000
2 total dependents: up to $290,000
3 or more total dependents: up to $320,000
For Minors with qualifying mental disabilities, they are entitled to payments for life
Burial expenses: up to $10,000
Partial Dependents are entitled to 8 x Amount of Support up to certain caps.

Death benefits are paid at the total temporary disability (TTD) rate the worker would have received had they survived.

Who Qualifies as a Dependent?

Minor children under age 18
Spouses earning less than $30,000
Other household members who were financially dependent, including:
- Elderly parents
- Adult children
- Nieces/nephews
- Roommates
- Girlfriend or Boyfriend

If you supported someone financially, they may count as a dependent—even if not related by blood or marriage. Remember, even if you were supported partially by someone who helped with rent, groceries, cell phone, utilities, school bills you may qualify as a partial dependent and be entitled to benefits.

Why You Should Contact Lee Partners Law

David and Michael Lee are experienced California workers' compensation attorneys who handle complex death benefit litigation statewide. We’ve helped families across:

There is no upfront cost to file a death claim.
We coordinate evaluations with neutral medical experts.
We fight to get families the maximum compensation they deserve.

We understand that pursuing legal action after a death can feel overwhelming. Let us handle the legal process while you focus on healing. A quick call could help secure the financial future of your loved ones.

Final Reminder

If your family has lost someone—and even 1% of the cause can be tied to their job—you may be entitled to full workers’ compensation death benefits. Don’t wait. Contact us today. (310) 295-0822.

To learn more about the impact of stress:Can You File a Work Comp Claim for Anxiety or Depression in California?

David Lee