Surviving Family of Worker Can Bring Workers’ Compensation Claims
SURVIVING FAMILY OF WORKER CAN BRING WORKERS’ COMPENSATION CLAIMS
Family members of workers who are fatally injured in workplace accidents are often unsure of their legal rights. Under California law, the surviving family members of an employee who has passed as the result of a workplace accident may have a claim for workers’ compensation, and a recent decision from the California Supreme Court makes these claims easier to bring. Continue reading to learn more about survivors’ claims, and contact a dedicated Southern California workers’ compensation attorney if you need help with a workers’ compensation claim on behalf of yourself or a deceased family member. Below are some other considerations for workers comp death benefits in California.
CLAIMS FOR DEATH BENEFITS
Does workers comp cover death? A worker injured on the job can bring a claim for workers’ compensation to get their medical treatment covered and, where appropriate, receive disability benefits including pay for time lost on the job. If the worker dies as the result of an injury suffered at the workplace, then surviving dependents can bring a claim for “death benefits,” which act as disability payments that would have been paid had the worker lived but are instead paid to the decedent’s heirs.
The employer or its insurer must also pay an amount for burial expenses. Do you need worker’s compensation for family members? Claim compensation on behalf of a family member extends to relatives including spouses, children, grandchildren, parents and siblings, grandparents, aunts and uncles, and nieces and nephews, provided that they were dependent on the deceased employee for financial support. Some family members automatically qualify as total dependents, including:
- Minor children (For minor children, the benefits will be paid until the youngest minor reaches 18 years old).
- Incapacitated adult children,
- Spouses who earned less than $30,000 in the year preceding the employee’s death.
THE STANDARD OF PROOF SET BY THE CALIFORNIA SUPREME COURT
The burden of proof for families seeking survivor death benefits was completely revamped by the California Supreme Court in a recent case called South Coast Framing Inc. v. WCAB (Jovelyn Clark). The court rejected the “significant factor” and “material factor” tests that were previously utilized by some California courts. Under the new test, surviving family members may bring a claim for workers’ compensation after a death if:
“The employment [is] one of the contributing causes without which the injury would not have occurred.” As long as the workplace was a contributing cause to the injury, then the parties may bring a claim for workers’ compensation.
If you have a claim for workers’ compensation and want to make sure you get maximum, appropriate, legitimate coverage, call Invictus Law today at (888) 996-7552, and speak with an experienced California workers’ compensation attorney to evaluate your claims.
Personal Injury and “Loss of Consortium”
Loss of consortium filings are made when the injury or death was the result of the defendant’s allegedly intentional or negligent actions. Consortium means in this case that the plaintiff is missing the love, affection, company, comfort, and everything else that the dead or injured party gave them. The following are taken into account when judging the damages caused by the defendant’s actions:
- Emotional pain and suffering
- Humiliation in the public eye
- Shock, and mental and emotional distress
- Damage to reputation
- Loss of companionship
These types of damages are hard to assign a monetary value for. That is why the judge, jury, and sometimes outside experts will need to work hard to consider the facts of the case and the consequences.
If your loved one has died or been injured to the point that you have been deeply affected, consider bringing a case for loss of consortium.
Who Can File Loss of Consortium Claims?
The following parties can file for loss of consortium:
- Partners (in many states)
Depending on where you are in the U.S. you will need to provide a valid marriage certificate (for partners). You will need to consider that during hearings, your relationship with the deceased or injured will be examined carefully in front of the court.