California Workers’ Compensation: Wrongful Death During the Course of Employment
Wrongful death cases during the course of employment can cause severe challenges and difficulties for individuals and families. Losing a loved one due to a workplace incident is a traumatic experience and one that requires extensive legal care and understanding. Workers’ compensation wrongful death claims can be filed, as California laws are designed to provide financial benefits to those who are connected to workers who have suffered fatal workplace injuries.
Workplace Fatalities and the Workers’ Compensation System
Workers’ compensation programs provide those who have suffered injuries at the workplace, as well as their dependents, with the following benefits.
- Funeral expenses and costs
- Loss of household services and contributions
- Loss of income or future earnings
What “During the Course of Employment” Means
For a wrongful death claim to qualify under workers’ compensation, the accident must have occurred during the course and scope of employment. This generally refers to instances where the worker was performing tasks related to their job or engaging in activities connected to their employment. The following may be examples of when this would apply.
- Equipment failures from operating machinery or gear required for the job
- Falls from working at a construction or industrial job site
- Vehicle collisions from driving as part of job responsibilities
- Performing assigned tasks on company property
- Exposure to hazardous chemicals can lead to fatal illnesses
Who May Be Eligible to Receive Death Benefits
California workers’ compensation law allows certain dependents of the deceased worker to receive death benefits. Eligible dependents may include:
- Surviving spouses or registered domestic partners
- Minor children
- Dependent grandchildren
- Other family members who relied on the worker for financial support
Dependency status is a key factor in determining eligibility and how benefits are distributed among surviving family members.
Death Benefit Payments
When a worker dies due to a work-related injury or illness, California workers’ compensation law provides statutory death benefit payments for eligible dependents.
Under California Labor Code §4702, the typical death benefit structure is approximately:
- $250,000 for one total dependent
- $290,000 for two total dependents
- $320,000 for three or more total dependents
Burial and Funeral Expenses
Funeral expenses can cause financial burdens and difficulties for families suffering the death of a loved one. California workers’ compensation law also authorizes reimbursement for specific funeral and burial fees when a death in the workplace occurs. In many cases, the system may provide up to $10,000 for burial expenses, which can help families cover funeral arrangements and related costs.
Filing a Workers’ Compensation Death Claim
Families seeking workers’ compensation death benefits generally must file a claim within a specific timeframe. In many cases, the claim must be initiated within one year of the worker’s death, although certain circumstances may affect this deadline. Claims are typically handled through the California Workers’ Compensation Appeals Board (WCAB). The process may involve submitting the following documentation.
- Accident reports
- Medical documentation
- Any evidence demonstrating dependency
Because the claims process may involve administrative procedures and documentation requirements, families sometimes seek guidance to better understand how the legal process works.
1. Dual Capacity Doctrine
Dual capacity doctrine is the legal principle that authorizes a plaintiff to pursue a claim against a defendant who has various roles in relation to that plaintiff. This may occur when:
- An employer manufactures a defective product that injures an employee
- An employer also acts as a healthcare provider and provides negligent medical treatment
- A company operates in another capacity that creates independent legal duties
2. Fraudulent Concealment
Fraudulent concealment may occur when an employer knowingly hides or conceals a workplace hazard or dangerous condition, which ultimately plays a role in the worker’s injury or death. The following may be examples of allegations of fraudulent concealment.
- Concealing exposure to toxic substances
- Hiding known workplace safety hazards
- Failing to disclose dangerous working conditions that later lead to illness or injury
3. Power Press Exception – Labor Code §4558
Under Labor Code §4558, an employer may face civil liability if a worker is injured or killed by a power press machine that had a required safety guard removed and the employer knowingly permitted the machine to operate without that guard.
4. Willful Physical Assault by Employer
This occurs when an employer intentionally commits a violent crime that causes the injury or death of a worker.
Investigations Following Workplace Fatalities
When a fatal workplace accident occurs, multiple investigations may take place. These investigations may involve:
- Occupational safety agencies
- Employers and insurance carriers
- Workplace safety investigators
- Workers’ compensation administrators
These investigations often review the following.
- Workplace conditions
- Safety practices
- Equipment maintenance
- The events leading up to the fatal incident
The Importance of Speaking with A Legal Professional
Wrongful death cases can pose difficult challenges for families suffering from the death of a loved one. It is important to seek legal guidance and support during this time, as a professional can provide clear advice on what to do next. Every case is different from one another, so it is crucial to understand the severity of your case to be able to seek compensation for the harm caused.
How KAASS LAW Can Help
KAASS LAW understands the struggles families face when dealing with wrongful death cases during the course of employment. Our experienced personal injury attorneys can help evaluate the specific circumstances of your case and provide you with the legal understanding needed to proceed. Don’t wait, contact KAASS LAW today.