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Can You Get Workers’ Comp If Your Injured Spouse Passes Away?

If your spouse gets injured on the job, you know that workers’ compensation can pay for their lost wages, medical bills and things of this nature. The payments may not exactly equal what your spouse was earning, but they help you until he or she can return to work.

But what if that will never happen? Say that the injury is so severe that your spouse passes away on the job. Now you have funeral expenses along with everything else and you will never have more earnings from that job. Can you still get workers’ comp benefits?

Death Benefits Can Be Paid To A Worker’s Survivors

The short answer is yes, that California workers’ compensation laws allow for death benefits, which can be made to dependents, children and spouses. They can also offer money for burial expenses and funeral costs.

If a minor is dependent on the person who died, these death benefits last until the youngest child is 18 years of age. If the minor is disabled, the benefits are never terminated. The total temporary disability rate is used when calculating how much should be paid, but there is a minimum: $224 per week. The benefit could be much more than that, but the minor will at least receive that much for as long as they qualify.

Moving Forward After A Tragic Loss

No amount of money will replace someone who is lost on the job, but the law recognizes that this type of tragic event has long-term financial ramifications. All of the earnings that a person expected have been lost forever. If you need compensation for this type of loss so that you can support your family and make ends meet, there are legal options.

A woman holding a rose, paying her respects at a funeral of her spouse - Leep Tescher Helfman and Zanze
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Attorney Benjamin Helfman is a dedicated California workers’ compensation attorney serving injured workers and employees in Shasta County and beyond. Attorney Helfman brings a wide breadth of experience and deep knowledge to the field of workers’ compensation, aiming to demystify its complex legal procedures to help the injured and disabled understand their rights and secure the financial compensation they deserve.

Connect with the law firm of Leep, Tescher, Helfman and Zanze to stay up to date on workers’ compensation laws and practices in California.

Call For A Free Consultation: - (530) 287-6674.
* Making a false or fraudulent workers' compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.
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