If you lost a family member to a work injury or illness, California workers’ compensation death benefits are meant to help the dependents they leave behind. Abramson Labor Group represents workers and their families, never employers, in workers’ compensation claims, including death benefit claims. Our case reviews are free and confidential, and we work on contingency.
Under Labor Code section 4701, when a work injury causes death, the employer is liable for “reasonable expenses of the employee’s burial” and “a death benefit, to be allowed to the dependents.” Burial expenses are covered “up to ten thousand dollars ($10,000) for injuries occurring on or after January 1, 2013.”
If someone other than the employer caused the death, such as another driver or an equipment maker, the family may also have a wrongful death claim against them. A workers’ comp claim “does not affect” that right (Labor Code section 3852).
Death benefits are one of the five basic workers’ comp benefits. Our workers’ comp benefits overview covers the others, and our article on how workers’ comp works in California explains the claim process.
The amount depends on how many people depended on the worker and whether they were total or partial dependents. For injuries on or after January 1, 2006, Labor Code section 4702 sets these amounts:
| Dependents | Death benefit | Source |
|---|---|---|
| One total dependent, no partial dependents | $250,000 | 4702(a)(3) |
| One total dependent plus partial dependents | $250,000 plus four times the annual support given to the partial dependents, up to $290,000 | 4702(a)(2) |
| Two total dependents | $290,000, regardless of the number of partial dependents | 4702(a)(1) |
| Three or more total dependents | $320,000 | 4702(a)(5) |
| Partial dependents only | Eight times the annual support given to them, up to $250,000 | 4702(a)(4)(B) |
Burial expenses are separate from these amounts. For more on how workers’ comp payments work, read how much workers’ comp pays in California and whether workers’ comp is taxable.
Families often learn about these benefits late, and insurers may dispute key facts. These are the issues we see most often.
If the insurer has denied the claim or is not responding, see our page on denied and delayed workers’ comp claims. A workers’ compensation attorney can evaluate dependency and causation questions with your family.
Death benefit claims have their own deadlines. Under Labor Code section 5406, proceedings generally “shall not be commenced more than one year after the date of death” nor “more than 240 weeks from the date of injury,” with exceptions for certain conditions in sections 5406.5 through 5406.7. Which deadline applies depends on when the injury and death occurred, so it is worth having the facts reviewed early. A workers’ compensation attorney can evaluate which deadlines apply to your family.
We represent injured workers and their families in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers. Our workplace injuries page covers the types of injuries we handle.
We work on contingency, so you do not pay anything unless we win. The case evaluation is free. The DWC notes that “your attorney can’t directly charge you for his or her services” (DWC). Learn more about how contingency fees work.
No. Burial expenses are a separate benefit, covered up to $10,000 for injuries on or after January 1, 2013 (Labor Code section 4701).
Possibly. Workers’ comp covers work-related illnesses as well as injuries: the DWC says “if you have a work-related injury or illness, your employer is required by law to pay for workers’ compensation benefits” (DWC). Whether a particular illness was caused by work is often disputed, so an attorney can evaluate the medical and work history.
Our California workers’ compensation FAQ answers common questions about claim forms, deadlines, and delays.
If you lost a loved one to a workplace injury or illness, we can review your family’s situation and explain the benefits that may be available. Request your free case evaluation or call us at (213) 493-6300.
You do not pay ANYTHING unless we win!
Last updated: October 2026
This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California workers’ compensation attorney.
Abramson Labor Group offers 100% risk free case evaluations. Fill out the form below or call us today!
Prefer to talk? (213) 493-6300
1700 W Burbank Blvd, Burbank, CA 91506