The loss of a loved one can be a devastating tragedy–especially when it happens unexpectedly as a result of negligence at the workplace. Unfortunately, it happens far too often throughout Southern California. It can place the spouse and family members in a difficult financial situation. It is vital to seek a death claim to recover the proper compensation for your loss. The attorneys at the Law Offices of Kropach & Kropach understand the challenges and obstacles family members face during this difficult time. Claiming workers compensation benefits is usually the last thing on anyone’s mind when going through the grief associated with a fatal accident. Although nothing can bring back your loved one, filing a death claim is a vital step to protect your family financially. Our death claim attorneys have experience filing and handling workers compensation death claims. Although nothing can replace your loved one, you and your family are entitled to dependent death benefits due to a wrongful death at work.
In California, dependent death benefits are calculated based on the number of total and partial dependents. The compensation covers funeral costs and burial expenses up to a certain amount.
There are some family members that will be automatically considered total dependents. This includes children under the age of 18, children unable to earn and income due to physical or mental limitations, and spouses who earned less than $30,000 in the 12-month period before the death.
Dependents who are minors may receive additional benefits so that they will continue until they reach 18.
The amount of benefits can vary depending on the number of dependents and the age and working ability of the dependents – benefits normally range from $250,000 to over $320,000, sometimes much more depending on the age and working ability of the dependents.
Some insurance companies will try to deny you the benefits to which you are entitled when your loved one passes away. Do not make agreements with a workers compensation insurance company until you have consulted with a death claim attorney.
At Law Offices Of Kropach & Kropach, our Encino death benefits attorneys understand that there are various timelines in place for these claims to commence. This includes the following:
Surviving family members that were partially or totally dependent on the deceased for financial support may be eligible for death benefits. Qualifying relatives in this situation could include:
There is a significant difference between a workers compensation death benefits case and a wrongful death lawsuit. The workers compensation system in California is designed to provide benefits to workers who are injured or killed on the job, as well as their dependents. However, most people do not realize that this system is designed to protect employers from facing lawsuits related to the injuries or deaths that occur in the workplace, even if the accident was the fault of the employer or a coworker. This means that even if an employer violated safety standards, they are still protected, and family members will only be able to recover workers compensation death benefits.
However, if a workplace death was caused by a third party, such as a contractor, subcontractor equipment manufacturer, or regulatory agency, the family members of the deceased may be able to file a wrongful death lawsuit against the third party, not the employer. In these cases, the family will need to prove that their loved one died due to the other party’s negligence. Families may be entitled to additional types of compensation for their losses in a lawsuit, including pain and suffering damages and greater loss of income benefits.
In a workers compensation death benefits case, it is imperative that the paperwork is handled correctly the first time around. The last thing that any grieving family needs are to muddle through large amounts of complex paperwork, only to find their claim denied because of an administrative error.
Our Encino workers compensation law firm has been operating independently since 1978 in order to provide families like yours with compassionate and sophisticated legal service. Our founder William J. Kropach is a certified workers compensation attorney with more than 40 years of proven courtroom experience. We know how to handle your case properly and efficiently, saving you time, stress, and money.
Dealing with the death of a family member is never easy. It becomes even more difficult when trying to handle the situation alone. The first step towards recovering the benefits you deserve is to seek representation from an experienced and knowledgeable workers compensation attorney. For more than 40 years, the attorneys at the Law Offices of Kropach & Kropach have successfully represented many grieving families during this time of crisis. We utilize a compassionate and comprehensive approach with the goal of always placing each client in the best position to succeed. To learn more, contact our death claim attorneys in Encino today and schedule a consultation to discuss your case.