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Who Pays Funeral Costs After A California Workplace Accident?


Who Pays Funeral Costs After A California Workplace Accident lawsuit lawyer liability liable incident sue liable

Though it might feel like little help at the time, it is vital for everyone in California to understand the worker’s compensation benefits provided when someone dies as a result of a workplace accident. Even though you are grieving the loss of your loved one, there are many decisions to be made regarding the final arrangements for the family member who passed. And knowing that you have some financial assistance to cover the cost of their funeral expenses can provide a small amount of comfort as you begin making these purchases and plans.

In addition, you do not have to face this challenging time alone. The wrongful; death and worker’s compensation lawyers at DTLA Law Group are here 24/7 to answer your questions and provide guidance during this difficult time. We understand that you and your loved ones are likely to be much more focused on your loss than the financial aspect of planning a funeral, memorial service, or celebration of life service. And at these times, it can be easy to make choices and decisions that could result in significant debt. So don’t hesitate to get in touch with the staff at DTLA Law Group as soon as possible to request a free consultation with our legal team. We have the experience and expertise you need to get through this upsetting process. And our meeting and the information we provide are free of charge. Our goal is simply to ensure that families of those lost due to a workplace accident understand their rights and how to protect them.

Understanding California Worker’s Compensation Funeral Benefits

California residents and workers are fortunate to have a robust worker’s comp program supporting them. Many other states offer only a fraction of the benefits this insurance program provides that protect workers and their loved ones, as well as employers in the state. In addition, the insurance program is free to all employees. It is funded by employers and is a mandatory benefit that must be purchased and provided by all employers in the state.

The insurance provided by worker’s compensation pays for many services needed by an employee after they have been injured while on the job. It covers medical bills, partial lost wages, and disability payments when applicable. In addition, when the worst occurs, the program also offers death benefits that include burial expenses. In return for providing this insurance program to employees, the employer receives protection from lawsuits filed by injured employees.

So if you have suffered the loss of a loved one due to a workplace accident, it is essential that you understand the benefits offered to help pay for the cost of your loved one’s final arrangements and how to secure the funds. The staff at DTLA Law Group offers our sincere condolences for your loss and our expertise to assist you in getting the burial benefits you and your lost loved one deserves. Please get in touch with our office immediately to learn more about our services and how we will work to protect you and your loved ones at this very painful and challenging time.

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The Amount Of Worker’s Compensation Burial Benefits

When a California worker is killed due to a workplace accident, the program provides a one-time payment for burial expenses. The amount of the benefit is up to $10,000 for any death from an on the job injury or accident that occurred after 2012. It is crucial to understand that the benefit is not a guaranteed $10,000 payment to the deceased’s surviving relative. Instead, reasonable burial and funeral expenses are up to that amount. So it is vital to keep detailed records of the costs related to your loved one’s funeral and burial or cremation. It is not unusual for the worker’s comp staff to request copies of documentation and receipts before providing the payment for burial costs up to the $10,000 maximum payment.

The Cost Of The Average California Funeral

Most people are unaware of the cost of a typical funeral in California. They are very shocked to learn that $10,000 is the average cost of a modest funeral service and burial. Not only are many standard fees and services required, but there are also some that are unexpected by many grieving families. The typical items included in the final cost of burial include:

  • Transportation of the body to the funeral home
  • Preparation of the body and embalming
  • Fees for the use of the facility for a viewing or funeral service
  • Transportation to the grave site
  • The cost of flowers
  • Publishing the obituary
  • The price of the casket and vault
  • Fees for an officiant at the funeral or service

These are just some of the costs you could face as you plan the final service or memorial for your loved one’s burial.

In an effort to keep costs more affordable or to follow the last request of the deceased, some families opt for cremation rather than a burial. While this does eliminate some costs, there are still many expenses to manage. The common expenses associated with a cremation include:

  • Transportation of the body to the funeral home
  • Preparation of the body for viewing or a service
  • Fees for the use of the funeral home for a service or memorial
  • Rental of a casket for viewing
  • The publication of an obituary
  • The cost of any flowers or remembrance items
  • The cost of the cremation service
  • An urn or other receptacle for your loved ones remains

Understanding all the fees associated with the final plans for your loved one can be very overwhelming. So it is essential to know that the worker’s comp burial benefit of up to $10,000 can be claimed when your loved one passes due to the injuries sustained in a workplace accident.

Securing The Benefits Owed To You

The family of a worker who died due to a workplace accident has one year from their loved one’s death to claim their burial benefits and death benefits from worker’s compensation. However, if the injury that caused the death occurred ten years or 520 months before the date of your loved one’s passing, no death benefits may be available. The staff at DTLA Law Group is here to help you, and your loved ones sort out the details of the worker’s compensation benefits, including burial and death benefits for any surviving dependents of your lost loved one. Please get in touch with our office today to request a free consultation to discuss the benefits that apply to you and your family.

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Who Can File For Worker’s Comp Death Benefits?

In California, the list of those persons potentially eligible to claim death benefits extends beyond the immediate family, which is not the case in many states. While only minor children and most spouses are automatically eligible, many other family members could qualify if they are financially dependent on the deceased. The list includes:

  • Children and stepchildren
  • Spouse
  • Grandchildren
  • Parents and in-laws
  • Grandparents
  • Siblings
  • Aunts and uncles
  • Nieces and nephews
  • Some other adult dependents

These people can potentially file for death benefits for continued financial support from the worker’s comp program. The staff at DTLA Law Group will assist the family in determining who might qualify for these benefits and what the monthly payment amount could be for each dependent of the deceased.

Why Hire DTLA Law Group?

Sadly, the staff at DTLA Law Group has decades of combined experience working with families who have lost loved ones due to a workplace accident. And we are fully dedicated to ensuring that each family receives all the benefits they deserve after their tragic loss. From assisting in securing the burial benefits to getting all dependents the death benefits they deserve, our staff is here to help you along this challenging and sometimes confusing journey. We understand that your grief and loss can be consuming, and we would like to offer our expertise during your darkest moments after the passing of your loved one.

The policy of DTLA Law Group is to offer our complete service to clients with no upfront payments or out of pocket expenses. We understand that you are facing many challenges, including the possibility of financial hardships. And it is our intention to help solve those issues rather than contributing to them with legal bills. So we only get paid after our clients have gotten the full compensation that is owed them.

When facing a difficult event like the loss of a loved one due to a workplace accident, it is essential to have a trusted resource to protect the rights of your family and lost loved one. And the team at DTLA Law Group is here to offer that service and many more while you grieve and find your way past this tragic event. So don’t hesitate to contact the DTLA Law Group today to request a free consultation to discuss the loss of your loved one and the potential for support and assistance from California worker’s comp to cover the funeral expenses. The meeting and guidance are free, and we are here 24/7 to assist you in your time of need.


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