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Death Benefits & Fatalities
Protecting the Future of Those Left Behind.
Losing a loved one is a heartbreaking experience. While no amount of money can replace the loss, California’s workers’ compensation system offers substantial financial support to dependents.
However, these benefits are not automatic. Insurance carriers frequently dispute claims to lower their payout. Lee Partners Law, as Certified Specialists in Workers’ Compensation, handles the complex litigation required to secure the maximum benefits for your family.
You don’t have to navigate this alone.
Request a confidential case review
Financial Benefits: What Families Are Entitled To
California law (Labor Code § 4702) mandates specific compensation based on the number of dependents. We fight to ensure you receive the full statutory package:
Find out what your family is entitled to.
(Note: These are base figures. We calculate the exact entitlement based on your specific case facts.)
- Significant Payouts:
- $250,000 for one total dependent.
- $290,000 for two total dependents.
- $320,000 for three or more total dependents.
- Protection for Minors:
- If there is a minor child, payments generally continue until the youngest child turns 18, even if the total exceeds the $320,000 cap.
- Minors with qualifying disabilities may be entitled to payments for life.
- Burial Expenses:
- Up to $10,000 for reasonable burial expenses.
The “1% Rule”: It Is Easier to Qualify Than You Think
Many families assume they cannot file a claim if the death involved a pre-existing condition (like heart disease) or occurred off the clock. This is incorrect.
Under California law, if work contributed just 1% to the death, the family is entitled to full benefits. This protects families in complex cases, such as:
- Heart Attacks & Strokes: A cardiac event at home may be work-related if job stress elevated blood pressure.
- Occupational Illness: Cancer linked to toxic exposure (benzene, asbestos) years prior.
- Invisible Hazards: Deaths linked to chronic overwork, bullying, or undiagnosed stress.
Warning: Deadlines Are Not What They Seem
The Statute of Limitations for death claims is one of the most complex areas of California law.
- The Trap: The general rule says you have 1 year to file. Insurance adjusters often use this to deny valid claims.
- The Exception: Under Labor Code § 5412, the clock does not start until you know the death was work-related. This “Delayed Knowledge” rule can extend the filing window by years.
Do not accept a denial letter based on “missed deadlines.” This rule is so convoluted that even many general attorneys misunderstand it. We know exactly how to apply the law to keep your claim valid.
Unsure if the death qualifies? Get a clear answer at no cost.
Who Qualifies as a Dependent?
You do not need to be a blood relative to qualify. The value of your claim depends on who relied on the worker for support:
- Total Dependents: Spouses (earning <$30k) and minor children.
- Partial Dependents: Anyone you supported financially, including girlfriends, boyfriends, roommates, elderly parents, or nieces/nephews.
- We use a specific formula (8x annual support) to maximize benefits for partial dependents.
Let Us Handle the Legal Fight — So You Can Focus on Your Family
During this time of grief, you should not be arguing with insurance adjusters over tax returns, dependency formulas, or filing deadlines. At Lee Partners Law, we handle the entire death benefits claim process—from filing the claim to negotiating the full statutory benefits your family deserves. There is no cost to you unless we secure benefits. Your consultation is:
- Free Confidential
- No obligation
- No attorney fees unless benefits are recovered
