According to the Workers’ Compensation System, every claim of this type protects the interests of injured workers or those who become ill on the job. The system aims to make timely, appropriate, and accurate decisions on claims, thus providing prompt payment of benefits and helping injured workers return to gainful work as early as possible.
Sadly, sometimes the disease or injury causes the death of the employee. In these cases, it is the family who can claim the workers’ compensation death benefits. These benefits try to compensate and remunerate with financial support for the loss of a family member.
These financial benefits vary from state to state. The first condition to start a claim is to be sure that the person claiming the death benefit is related to the deceased employee by blood or marriage (usually, spouses or children). Additionally, other dependent and close relatives can apply. It will depend on each case, but in general, it is connected to the fact that the individual counted with the help of the deceased employee to cover their living expenses.
Some of the conditions to know if you are eligible according to state law are:
- All states consider as a dependent any child under 18 years old. Also, older children can be regarded as dependent too if they have physical or mental disabilities that make them unable to be financially independent. Some states also recognize as eligible children over 18 who are enrolled in qualifying educational or vocational programs.
- The relationship by marriage is recognized in almost all states, regardless of their incomes. But in other states, the spouse does not qualify if they earn over a certain amount of money. Also, depending on the state, the spouse would have to prove their financial dependence no matter how much they make.
If a person is not a spouse or a child but depends on the deceased employee, they can be eligible depending on the circumstances and evidence.
Let us help you understand how California’s Law applies to your situation. We can support you and claim fair benefits.