California Workers' Compensation Death Benefits
When a worker dies from a job-related injury or illness, their dependents may be entitled to death benefits under California Labor Code Sections 4700-4707.
2026 Death Benefit Amounts
Death benefits are paid based on the number of total and partial dependents. For injuries occurring on or after January 1, 2006:
| Number of Total Dependents | Maximum Benefit Amount |
|---|---|
| One total dependent, no partial dependents | $250,000 |
| Two total dependents (any number of partial) | $290,000 |
| Three or more total dependents (any number of partial) | $320,000 |
| No total or partial dependents (to estate) | $250,000 |
Payment Structure for 2026
Death benefits are paid in weekly installments at the temporary total disability (TTD) rate:
- 2026 Maximum Weekly Rate: $1,764.11
- 2026 Minimum Weekly Rate: $264.61
- Minimum Weekly Payment (statutory floor): $224.00
- Payments continue until the total benefit amount is exhausted
- The WCAB may order lump-sum payment in certain circumstances
Extended Benefits for Minor Children (LC 4703.5)
For cases with totally dependent minor children, benefits may extend beyond the maximum amounts:
- After the statutory maximum is paid, weekly payments continue at the TTD rate
- Payments continue until the youngest minor child turns 18 years old
- Incapacitated children (physically or mentally unable to earn) receive benefits for life
- This provision ensures ongoing support for children who depended on the deceased worker
Who Qualifies as a Dependent? (LC 3501-3503)
Total Dependents (Presumed by Law)
The following are automatically presumed to be totally dependent:
- Minor children under age 18 living with the deceased or for whom the deceased was legally responsible
- Adult children who are physically or mentally incapacitated from earning a living
- Surviving spouse who earned $30,000 or less in the 12 months preceding the death
Partial Dependents
Other individuals may qualify as partial dependents if they can prove:
- They were partially dependent on the deceased for financial support at the time of injury
- They are either a member of the deceased's household OR a qualifying relative
Qualifying Relationships (LC 3503)
Only the following relationships may qualify for dependent status:
- Spouse (includes same-sex spouse and registered domestic partner)
- Child, posthumous child, adopted child, or stepchild
- Grandchild
- Parent (father or mother)
- Grandparent (grandfather or grandmother)
- Parent-in-law (father-in-law or mother-in-law)
- Sibling (brother or sister)
- Sibling-in-law (brother-in-law or sister-in-law)
- Uncle or aunt
- Nephew or niece
Burial Expenses (LC 4701)
In addition to death benefits, the employer is liable for reasonable burial expenses:
| Date of Injury | Maximum Burial Allowance |
|---|---|
| Before January 1, 1991 | $2,000 |
| January 1, 1991 - December 31, 2012 | $5,000 |
| On or after January 1, 2013 (Current) | $10,000 |
What Counts as Reasonable Burial Expenses?
- Basic funeral director services
- Preparation of remains
- Casket or cremation costs
- Transportation of the body
- Chapel or viewing room use
- Gravesite services
- Required paperwork (death certificates, burial permits)
Note: Excessively luxurious services, extravagant floral arrangements, or extended memorial events may not be reimbursable.
Distribution Rules (LC 4704-4706.5)
When There Are Multiple Total Dependents
- The death benefit is divided equally among all total dependents
- Partial dependents receive nothing when total dependents exist
Appeals Board Authority (LC 4704-4705)
The Workers' Compensation Appeals Board (WCAB) has authority to:
- Set apart or reassign benefits among dependents based on respective needs
- Order payment to a dependent subsequent in right upon good cause shown
- Direct how benefits should be distributed among beneficiaries
When There Are No Dependents (LC 4706.5)
If the deceased employee has no total or partial dependents:
- $250,000 is payable to the estate of the deceased employee (for injuries on/after 1/1/2004)
- An additional payment equal to the one-dependent death benefit is made to the Death Without Dependents Unit within the Division of Industrial Relations (DIR)
- These funds support the Return-to-Work Program for injured workers
Filing Deadlines
Dependents must act promptly to preserve their rights:
- 1 year from the date of death to file a claim
- 240 weeks (approximately 4.6 years) from the date of injury (maximum)
- Death must be causally related to the work injury or occupational disease
Do not delay. Failure to file within these deadlines may result in loss of benefits.
California Labor Code Reference
Death benefits are governed by Article 4 of the Labor Code:
- LC 4700: Effect of death on liability; accrued compensation
- LC 4701: Burial expenses
- LC 4702: Death benefit amounts by number of dependents
- LC 4703: Partial dependent benefit limits
- LC 4703.5: Extended benefits for minor children
- LC 4704: WCAB authority to reassign benefits
- LC 4705: Distribution by person receiving benefits
- LC 4706: Payment methods and division
- LC 4706.5: Payment when no dependents (to estate and DIR)
- LC 4707: Special circumstances limiting benefits
Dependent definitions are found in LC 3501-3503.
Lost a Loved One to a Work Injury?
Navigating death benefits during a difficult time can be overwhelming. Attorney Nathan Howser can help you understand your rights and ensure your family receives the full benefits you deserve.
Compassionate representation for families of injured workers. No upfront costs.