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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.

Recent Reviews

  • Fantastic and Wonderful

    “Sarah Greer and Sam Eldaly from Smolich & Smolich are a fabulous team to work with. I had to apply for SSDI due to my Parkinsons and they handled it not only a professionals but as if they were sitting across the table from me in person the entire time. They are a dynamite team! I highly recommend them to anyone for a fantastic and timely managed experience. Thank you Smolich & Smolich!”

    Barbara Light

  • Thank you Sarah and team!

    “I needed to apply for disability and knew nothing about how to go about it. Sarah called me and explained the process and assured me everything would be okay. Her staff went online to fill out my application. She and Marlena kept me updated every step of the way. Within a short time a decision was made in my favor. I cannot tell you how many sleepless nights I had prior to meeting with the team. I would recommend them to anyone who needs help in this area. Thank you so much for all your hard work. Without you I could have never done this.”

    Andrea

  • 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

  • very empathic

    “I would totally still be lost in the red tape of the social security system without the help of my attorney Sarah Greer and my case manager Sarah Cummings. You ladies rock!! Thank you so much for all your help getting my award. I would personally recommend this law firm to anyone needing help with their claim.”

    Martha DelValle