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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

  • 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

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    “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!!!!”

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    “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

  • 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!”

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  • very empathic

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    Martha DelValle