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Death Benefits Under Workers' Compensation Law

Dedicated Sacramento Workers’ Compensation Lawyers

If your loved one lost his or her life from a work-related injury, you may be eligible to receive death benefits as a surviving dependent. These types of benefits are for dependents who relied on the deceased person for financial support.

At Smolich and Smolich, our workers’ compensation attorneys have continuously served clients throughout Northern California since 1969 with personalized and compassionate legal counsel. Our firm has the knowledge and strategies to help maximize the benefits you’re entitled to. Losing a family member is one of the hardest moments of anyone’s life and our firm is here to ensure that that loss is properly recognized by the law.

Call Smolich and Smolich today at (916) 571-0400 to learn how we can help.

Who is Eligible for Death Benefits?

Partial dependents and total dependents are eligible to receive death benefits. A partial dependent is someone who only partially relied on the deceased person for financial support, while a total dependent is someone who completely relied on the worker for financial support. Children who are under the age of 18 will receive additional weekly benefits until they become a legal adult.

Under California law, the following members of a workers’ family are automatically considered total dependents:

Children under the age of 18
Children of any age who are physically or mentally incapacitated
A spouse who earned $30,000 a year before the worker’s death

Get Started With Us Today

All of the attorneys at Smolich and Smolich specialize in both injury and disability cases, which allows them to combine their years of experience to benefit our clients. The death of a loved one is a devastating loss and our Sacramento workers’ compensation lawyers are here to help you pick up the pieces. From start to finish, we will treat your case with the compassion you deserve and the aggressive approach it needs.

Let us help you through this difficult time. Contact us today to request your complimentary consultation.

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Recent Reviews

They know what it takes to win. Thank you all so much!
“Thank you so much for your help. I was denied twice by social security disability. They are the most diligent and wonderfully. Yes it takes a while to get a hearing. If it wasn't for the great staff and attorneys here, I would have never been approved for disability. It was the best Christmas gift i received. They know what it takes to win. Thank you all so much!”

Nanci Stewart
Without Smolich & Smolich taking my case I would have never gotten my benefits!!!
“Without Smolich & Smolich taking my case I would have never gotten my benefits!!! Rob Smolich took my case himself and was so helpful in every step of the way. I cant say anything negative about Smolich & Smolich. I had a lawyer before him and he was way more personable. His office took all the stress off my back and made me feel at ease during the time period of waiting. Have nothing but good things to say about this company. They are completely professional!!!!”

Dustin Walker
I was blessed the day I contacted this firm!
“I was blessed the day I contacted this firm! Sarah Greer and Sam Eldaly we're an amazing team while handling my Social Security Disability appeal. They were very proactive, kept me up to date on the status of my case and we're always available to ease my mind. I am so thankful for the help I received from my team! They far exceeded all my expectations!”

Mandie Lou
You were so proactive and informative, you really did take away so much of my stress during the whole process.
“I sincerely apologize for the delay! I truly thought I had already sent this off to almost 3 months ago! Thank goodness I had someone helping me clean and organize the apartment last week. She found your letter behind my bookcase. I would like to take this opportunity to once again thank you for your support and dedication throughout my case. You were a true blessing to me. You were so proactive and informative, you really did take away so much of my stress during the whole process. Just the fact that you returned a call so promptly was a very big deal to me. It let me know that I mattered to you, Sarah, and the firm. Thanks to the two of you I am finally settled in my own apartment and my mom was able to finally retire. So again, thank you from the depths of my heart for everything that you personally and your firm have done for me. You were true angels in my tie of need.”

Mandie O'Malley
I am so happy to have such knowledgeable and helpful people to help during this difficult time. Sam was super responsive and always willing to answer questions, regardless how big or small.
“My circumstances were a bit unusual - my husband applied for Social Security Disability, but unfortunately passed away during the review process. Sam and Sarah worked diligently to see the case through to the end, and provide our family the benefits we were owed. A special thank you to Sam, he was always very responsive, willing to go above and beyond, and willing to answer questions whether big or small. Thank you, Smolich and Smolich!”

Smolich and Smolich is so helpful!